Prohibited Discrimination Against Service Members

California Governor Jerry Brown signed legislation (A.B. 1710) amending existing law prohibiting various types of discrimination against an officer or enlisted member of the military or naval forces of the state or the United States. The law is effective as of January 1, 2018.

The federal Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits discrimination in the terms, conditions, or privileges of employment against a person on the basis of past military service, current military obligations, or intent to serve. With Governor Brown’s approval, the new law amends the California Military and Veterans Code to add the language “terms, conditions, or privileges of employment” to conform with the USERRA. Thus, under the amended law, employers are prohibited from:

• Discharging or otherwise discriminating against an employee in the terms, privileges, and conditions of employment because he/she is a member of the state or U.S. military or is ordered to duty or training; or
• Dissuading, preventing, or stopping any person from enlistment or from accepting a warrant or commission in the state military forces by threat or injury to the person with respect to the terms, conditions, or privileges of employment because of enlistment or acceptance of a warrant or commission.

If you were discriminated because you are an officer or enlisted member of the military or naval forces, please contact the attorneys at the California Employment Legal Group today for a consultation with an experienced employment lawyer who will clearly explain your rights and options under the law.