Sec. 101. Action for relief in enforcement of employment and reemployment rights of members of uniformed services with respect to a State or private employer
397 words·~2 min read·
/bill/115/s/646/is/section-101·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Paragraph
(1)of subsection
(a)of section 4323 of title 38, United States Code, is amended by striking the third sentence and inserting the following new sentences: If the Attorney General is reasonably satisfied that the person on whose behalf the complaint is referred is entitled to the rights or benefits sought, the Attorney General may commence an action for relief under this chapter, including on behalf of the person. The person on whose behalf the complaint is referred may, upon timely application, intervene in such action and may obtain such appropriate relief as provided in subsections
(d)and (e). . Paragraph
(2)of such subsection is amended to read as follows: Not later than 60 days after the date the Attorney General receives a referral under paragraph (1), the Attorney General shall transmit, in writing, to the person on whose behalf the complaint is submitted— if the Attorney General has made a decision about whether the United States will commence an action for relief under paragraph
(1)relating to the complaint of the person, notice of the decision; and if the Attorney General has not made such a decision, notice of when the Attorney General expects to make such a decision. If the Attorney General notifies a person of when the Attorney General expects to make a decision under subparagraph (A)(ii), the Attorney General shall, not later than 30 days after the date on which the Attorney General makes such decision, notify, in writing, the person of such decision. . Such subsection is further amended— by redesignating paragraph
(3)as paragraph (4); and by inserting after paragraph
(2)(as amended by paragraph
(2)of this subsection) the following new paragraph (3): Whenever the Attorney General has reasonable cause to believe that a State (as an employer) or a private employer is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights or benefits secured by this chapter, the Attorney General may commence an action under this chapter. . Subparagraph
(C)of paragraph
(4)of such subsection, as redesignated by paragraph (3)(A), is amended by striking refused and all that follows and inserting notified by the Attorney General that the Attorney General does not intend to bring a civil action. . Subsection (h)(2) of such section is amended by striking subsection (a)(2) and inserting subsection (a)(1) or subsection (a)(4) .