United States · Bill · HR
H.R. 7178 (110th)
Servicemembers Access to Justice Act of 2008
Introduced
27 September 2008
Last action
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Status
Referred to the Committee on Veterans' Affairs, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Sponsors
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Subjects
Discovery layer
Source updated
5 December 2025
Summary
Servicemembers Access to Justice Act of 2008 - Waives a state's sovereign immunity with respect to the enforcement of uniformed services members' employment or reemployment rights or benefits under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). Makes unenforceable agreements between an employer and employee requiring arbitration of disputes arising under USERRA. Provides exceptions. Requires the validity and enforceability of such an agreement to be determined by a court (as opposed to the arbitrator). Provides increased liquidated damages, and authorizes punitive damages, against state or private employer violations of USERRA. Provides a right to a jury trial in such cases. Requires (current law authorizes) the award of attorney fees in actions to enforce USERRA. Defines "successor in interest" for USERRA purposes. Prohibits: (1) any statute of limitations from applying to USERRA proceedings; and (2) wage discrimination against members covered under USERRA. Requires (current law authorizes) a court to use equitable relief, including injunctions and restraining orders when appropriate, for USERRA violations.
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Documents
3 official files
Introduced in House (text)
Introduced in House (text)
Introduced in House · EN · 27 September 2008
Introduced in House (PDF)
Introduced in House · EN · 27 September 2008
Introduced in House
summary · EN · 27 September 2008
Sponsors
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Sources
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- Official source: https://www.congress.gov/bill/110th-congress/house-bill/7178
- Open data entity: https://api.congress.gov/v3/bill/110/hr/7178