Notes on 38 U.S.C. § 4311 : US Code - Notes

Search Notes on 38 U.S.C. § 4311 : US Code - Notes

(Added Pub. L. 103-353, Sec. 2(a), Oct. 13, 1994, 108 Stat. 3153;
amended Pub. L. 104-275, title III, Sec. 311(3), Oct. 9, 1996, 110
Stat. 3334.)
PRIOR PROVISIONS
A prior section 4311 was renumbered section 7611 of this title.
AMENDMENTS
1996 - Subsec. (b). Pub. L. 104-275 added subsec. (b) and struck
out former subsec. (b) which read as follows: "An employer shall be
considered to have denied a person initial employment,
reemployment, retention in employment, promotion, or a benefit of
employment in violation of this section if the person's membership,
application for membership, service, application for service, or
obligation for service in the uniformed services is a motivating
factor in the employer's action, unless the employer can prove that
the action would have been taken in the absence of such membership,
application for membership, performance of service, application for
service, or obligation."
Subsecs. (c), (d). Pub. L. 104-275 added subsecs. (c) and (d) and
struck out former subsec. (c) which read as follows:
"(c)(1) An employer may not discriminate in employment against or
take any adverse employment action against any person because such
person has taken an action to enforce a protection afforded any
person under this chapter, has testified or otherwise made a
statement in or in connection with any proceeding under this
chapter, has assisted or otherwise participated in an investigation
under this chapter, or has exercised a right provided for in this
chapter.
"(2) The prohibition in paragraph (1) shall apply with respect to
a person regardless of whether that person has performed service in
the uniformed services and shall apply to any position of
employment, including a position that is described in section
4312(d)(1)(C)."
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104-275 effective Oct. 13, 1994, see section
313 of Pub. L. 104-275, set out as a note under section 4301 of
this title.
EFFECTIVE DATE
Section effective Oct. 13, 1994, except as otherwise provided,
see section 8 of Pub. L. 103-353, set out as a note under section
4301 of this title.