USERRA Advisor

Employers are excused from making efforts to qualify returning service members, or from accommodating those with disabilities incurred during service, when doing so would be of such difficulty or expense as to cause "undue hardship."

Under Section 4312(d)(2)(C) of USERRA, the employer has the burden of PROVING (not simply asserting) the impossibility or unreasonableness, undue hardship, or the brief, nonrecurrent nature of the employment. See 20 CFR Part 1002.139.

If more information is needed, contact your local VETS office.

Please return to the Main Menu for more information on USERRA.