Aimed to prohibit discrimination against protected classes, groups, or characteristics of people, anti-discrimination or non-discrimination laws comprise some of the most important laws in the field of employment. Generally, private employers are prohibited by federal employment anti-discrimination laws from discriminating against individuals under their employment based on protected attributes, categories, and characteristics that include but are not limited to race/color, citizenship status, national origin, age, and sex. In addition, although a good number of them expand and mirror protections and provisions of many federal laws, various states have enacted, passed, and implemented their own anti-discrimination laws.

With respect to specific protected attribute(s), we have, in this blog, analyzed key provisions, statutes, and protections of federal employment anti-discrimination laws and compared them with their counterparts under New York state laws. Specifically, in relation to the protections and provisions provided under various local, state, and federal employment anti-discrimination laws, “membership in uniformed services” is the protected characteristic/category discussed herein. Other protected attributes, categories, classes, and characteristics will be discussed in upcoming blogs.

It is crucial to note that while laws, such as the Family and Medical Leave Act and Fair Labor Standards Act, which aim to create protections or benefits for employees other than protections against discrimination, have not been included in the analysis, only those statutes and laws that seek to prohibit discrimination have been included in the analysis and comparison.

Another key thing to note is that while the information provided only applies to private employers, several laws aimed at prohibiting retaliation against employees covered by different protections and provisions of various local, state, and federal laws have also been included in the analysis and comparison.

It is also important to note that for the purposes of record, the information provided herein was current as of February 10, 2022.

Key Statutes & Protections Against Employment Discrimination Based on Membership in Uniformed Services

Federal Laws

  1. Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. §§ 4301-4335 – While it includes (1) [f]ull-time national guard duty, (2) [i]nactive duty training, (3) [i]nitial active duty for training, (4) [a]ctive duty for training, (5) [a]ctive duty, (6) [a] duration when an individual is not present for their employment so as to perform the duty of funeral honors, and (7) [a] duration when an individual is not present at work so as to attend an examination for determining their fitness to perform a uniformed service, “service in the uniformed services” implies to performing a duty, whether involuntary or voluntary, in a uniformed service. Further, as codified under 38 U.S.C. § 4303(16), membership in the uniformed services includes (1) Commissioned Corps for public health services, (2) Air National Guard (full-time, inactive duty training, or in active duty for training national guard duty), (3) Army National Guard (full-time, inactive duty training, or in active duty for training national guard duty), (4) Armed Forces, and (5) any other class of individuals designated by the U.S. President in the time of a national emergency or war.

New York Laws

  1. New York Equal Pay Act (NYEPA) – the NYEPA also prohibits employers from discriminating against individuals seeking employment or already being employed pursuant to Y. Lab. Law § 194.
  2. New York State Human Rights Law (NYSHRL) – firstly, pursuant to Y. Exec. Law § 292(30) of this state law, any services apart from full-time, permanent military force service of New York (as a state), including, but not limited to, the New York State’s (1) guard, (2) naval militia, (3) Air National Guard, or (4) Army National Guard are classified as the “[o]rganized militia of the state.” Secondly, as codified under N.Y. Exec. Law § 292(29), any services apart from the United States’ full-time, permanent military forces, including, but not limited to, the nation’s (1) Coast Guard Reserve, (2) Air Force Reserve, (3) Marine Corps Reserve, (4) Naval Reserve, and (5) Army Reserve are protected and classified as “[r]eserve armed forces.” Lastly, as codified under N.Y. Exec. Law § 292(28), military status implies to an individual’s participation in the New York State or the nation’s military service, including, but not limited to, (1) the New York Guard, (2) the New York Naval militia, (3) the Air National Guard, (4) the Army National Guard, (5) the United States armed forces, and any other forces created by the state or federal government as authorized by law.

As usual, in case you need further clarification regarding the information shared in this blog post, we, the authoritative force in Employment & Labor Law, serving as primary counsel or cumis counsel and providing diverse legal services in both a traditional and online, web-based environment, whether it be for small or large-scale businesses on a panel or a case-by-case basis, are just a call or email away!

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Isaac T.,

Legal Writer, Author, & Publisher.