Servicemembers Access to Justice Act
Encyclopedia
The Servicemembers Access to Justice Act of 2008 (SAJA) (ref: S. 3432 Servicemembers Access to Justice Act of 2008) was introduced on August 1, 2008 by Senators Barack Obama
, Edward Kennedy
and Robert Casey
. The bill would ensure that returning reservists keep their jobs and employment benefits as required under current law.
Specifically, SAJA would make it easier for servicemembers to obtain justice when their employment rights are violated by prohibiting employers from requiring servicemembers to give up their ability to enforce their rights under the Uniformed Services Employment and Reemployment Rights Act
(USERRA) in court in order to get or keep a job. It also adds minimum liquidated damages for willful violations and punitive damages for violations committed with malice.
SAJA would also restore the original intent of Congress to protect servicemembers under USERRA by making it clear that USERRA prohibits employers from paying lower wages to servicemembers simply because of their status as a servicemember, veteran, or applicant to be a servicemember.
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
, Edward Kennedy
Edward Kennedy
Edward Kennedy may refer to:*Ted Kennedy, Edward Moore "Ted" Kennedy , United States Senator from Massachusetts*Edward Kennedy , journalist who first reported the German surrender in World War II*Edward Kennedy, Jr., son of U.S...
and Robert Casey
Bob Casey, Jr.
Robert Patrick "Bob" Casey, Jr. is the senior U.S. Senator from Pennsylvania and a member of the Democratic Party. He previously served as Pennsylvania Treasurer, and Pennsylvania Auditor General. He is the son of former Governor Bob Casey, Sr..He is the first Democrat elected to a full term in...
. The bill would ensure that returning reservists keep their jobs and employment benefits as required under current law.
Specifically, SAJA would make it easier for servicemembers to obtain justice when their employment rights are violated by prohibiting employers from requiring servicemembers to give up their ability to enforce their rights under the Uniformed Services Employment and Reemployment Rights Act
Uniformed Services Employment and Reemployment Rights Act
The Uniformed Services Employment and Reemployment Rights Act of 1994 was signed into law by U.S. President Bill Clinton on October 13, 1994 to protect the civilian employment of non-full time military service members in the United States called to active duty...
(USERRA) in court in order to get or keep a job. It also adds minimum liquidated damages for willful violations and punitive damages for violations committed with malice.
SAJA would also restore the original intent of Congress to protect servicemembers under USERRA by making it clear that USERRA prohibits employers from paying lower wages to servicemembers simply because of their status as a servicemember, veteran, or applicant to be a servicemember.