The Fifth and Fourteenth Amendments of the United States Constitution limit the power of the federal and state governments to discriminate. The private sector is not directly constrained by the Constitution.
The Uniformed Services Employment and Reemployment Rights Act (USERRA) provides reemployment protection and other benefits for veterans and employees who perform military service. (1) The Act sets forth the rights and responsibilities of U.S. National Guard (USNG) and U.S. Army Reserve (USAR) members, as well as their civilian employers.
To figure out if your discrimination situation is illegal you must determine:
1. If you are an employee protected from discrimination under the law.
2. If your employer is subject to anti-discrimination laws.
3. If your employer's conduct is considered discriminatory under the law.
4. If the reason your employer discriminate against you violates the law.
