United States HR 8237: Protecting the Employment Rights of Servicemembers Act

Bill Text

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116TH CONGRESS
2D SESSION H. R. 8237
To amend title 38, United States Code, to clarify the scope of procedural
rights of members of the uniformed services with respect to their employ-
ment and reemployment rights, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 14, 2020
Mr. CICILLINE (for himself, Mr. TAKANO, Mr. RESCHENTHALER, Mr. GOLD-
EN, Mrs. DAVIS of California, Mr. WILSON of South Carolina, and Mr.
JOHNSON of Georgia) introduced the following bill; which was referred to
the Committee on Veterans’ Affairs
A BILL
To amend title 38, United States Code, to clarify the scope
of procedural rights of members of the uniformed serv-
ices with respect to their employment and reemployment
rights, and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Protecting the Employ-4
ment Rights of Servicemembers Act’’. 5
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SEC. 2. CLARIFICATIONS REGARDING SCOPE OF EMPLOY-1
MENT AND REEMPLOYMENT RIGHTS OF MEM-2
BERS OF THE UNIFORMED SERVICES. 3
(a) CLARIFICATION REGARDING DEFINITION OF 4
RIGHTS AND BENEFITS.—Section 4303(2) of title 38, 5
United States Code, is amended— 6
(1) by inserting ‘‘(A)’’ before ‘‘The term’’; and 7
(2) by adding at the end the following new sub-8
paragraph: 9
‘‘(B) Any procedural protections or provisions 10
set forth in this chapter shall also be considered a 11
right or benefit subject to the protection of this 12
chapter.’’. 13
(b) CLARIFICATION REGARDING RELATION TO 14
OTHER LAW AND PLANS FOR AGREEMENTS.—Section 15
4302 of such title is amended by adding at the end the 16
following: 17
‘‘(c)(1) Pursuant to this section and the procedural 18
rights afforded by subchapter III of this chapter, any 19
agreement to arbitrate a claim under this chapter is unen-20
forceable, unless all parties consent to arbitration after a 21
complaint on the specific claim has been filed in court or 22
with the Merit Systems Protection Board and all parties 23
knowingly and voluntarily consent to have that particular 24
claim subjected to arbitration. 25
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‘‘(2) For purposes of this subsection, consent shall 1
not be considered voluntary when a person is required to 2
agree to arbitrate an action, complaint, or claim alleging 3
a violation of this chapter as a condition of future or con-4
tinued employment, advancement in employment, or re-5
ceipt of any right or benefit of employment.’’. 6
Æ
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