Sec. 6. Requiring equitable relief when appropriate
286 words·~1 min read·
/bill/113/hr/5375/ih/section-6A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 4323(e) of title 38, United States Code, is amended— by striking The court shall use, and inserting
(1)The court shall use, ; and by adding at the end the following new paragraph: Notwithstanding rule 65 of the Federal Rules of Civil Procedure or any other provision of law, for purposes of determining whether to issue an injunction or restraining order pursuant to paragraph (1)— an employer’s denial of reemployment or retention in employment shall constitute irreparable harm to a person who is denied reemployment or retention in employment if an injunction to reinstate such person is not issued, and such person shall be considered to have no adequate remedy at law; if the court balances the hardships between the parties, there shall be a rebuttable presumption that the balance of harm to a person who is denied reemployment or retention in employment if an injunction to reinstate such person is not issued outweighs the harm to such person’s employer or former employer if an injunction is issued to reinstate such person; and if the court considers the public interest or public policy, there shall be a rebuttable presumption that the issuance of an injunction to reinstate a person who is denied reemployment or retention in employment is in the public interest and advances public policy. . The amendments made by subsection
(a)shall apply to— any failure to comply with a provision of or any violation of chapter 43 of title 38, United States Code, that occurs before, on, or after the date of the enactment of this Act; and to all actions or complaints filed under such chapter 43 that are pending on or after the date of the enactment of this Act.