Servicemembers Access to Justice Act of 2012

Summary

Servicemembers Access to Justice Act of 2012 - 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 (under current law, authorizes) the award of attorney fees in actions to enforce USERRA. Requires (under current law, authorizes) a court to use equitable relief, including injunctions and restraining orders when appropriate, for USERRA violations. Requires federal procurement contracts to include a notice that the contractor may have USERRA obligations. Requires a Comptroller General study on the effectiveness of federal education and outreach programs on employer obligations under USERRA.

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Documents

3 official files

• Introduced in Senate (text)

  Introduced in Senate · EN · 23 May 2012

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• Introduced in Senate (PDF)

  Introduced in Senate · EN · 23 May 2012

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• Introduced in Senate

  summary · EN · 23 May 2012

  Open at official source

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