On January 2, 2025, then-President Biden signed into law the Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act (Dole Act), a bipartisan bill that expands healthcare and other benefits for veterans. Among its various pro-veteran measures, the Dole Act introduced noteworthy amendments to the Uniformed Services Employment and Reemployment Rights Act (USERRA). USERRA, enacted in 1994, prohibits employers from discriminating and retaliating against veterans and service members because of their military status or service. USERRA also provides reemployment rights and other rights and benefits to workers whose civilian jobs are voluntarily or involuntarily interrupted by military obligations.

The Dole Act is the first amendment to USERRA since the 2022 Civilian Reservist Emergency Workforce Act (CREW Act), which extended its coverage to Federal Emergency Management Agency (FEMA) reservists. The Dole Act further enhances job protections for military members and strengthens USERRA enforcement, ensuring greater safeguards for those who serve. However, while the amendments broaden protections, some changes also impact previously available remedies. The following outlines six key changes the Dole Act makes to USERRA.

1. Retaliation Protections Broadened: The Dole Act significantly expands USERRA’s anti-retaliation protections. Previously, the law only prohibited “discrimination in employment” and “adverse employment actions” against individuals who exercised their USERRA rights, sought enforcement of those rights, or participated in related proceedings. Now, employers are barred from taking any form of retaliatory action, eliminating the need to debate whether a retaliatory act meets the threshold of an “adverse employment action.” Courts had previously required proof of a material change in employment conditions or significant harm—those requirements are now gone. Additionally, retaliation no longer needs to be employment-related, broadening the scope of prohibited reprisals and bolstering protections for service members.

2. Increased Liquidated Damages: Before the Dole Act, USERRA authorized liquidated damages awards that were equal to the employee’s lost wages and benefits if a private or state or local government employer’s USERRA violation was “willful.” “Willful” violations occurred when an employer acted with reckless disregard for whether its conduct violated USERRA.

The Dole Act strengthens liquidated damages under USERRA by allowing awards even when no lost wages or benefits are recovered and establishes a minimum award of $50,000. Now, courts can require an employer to pay the greater of $50,000 or the total sum of lost wages, benefits, and prejudgment interest.

The standard for liability also appears to have changed. Instead of proving a willful violation, claimants must now show that “the employer knowingly failed to comply with [USERRA].” The removal of “willful” introduces a potential shift in legal interpretation. However, it is possible courts will determine the standard is in effect the same as before, and therefore does not change.

3. Broadened Injunctive Relief: Under the Dole Act, USERRA now allows individuals suing an employer to seek an early injunction to stop violations before the case is fully resolved. To obtain an injunction, the USERRA claimant must demonstrate (1) a violation, or threatened or imminent violation, of USERRA; (2) that harm to the employee outweighs injury to the employer; (3) a likelihood of success on the employee’s USERRA claim against the employer; and (4) that an injunction is in the public interest. Additionally, courts can no longer deny an injunction simply because a USERRA claimant may later receive back pay for an unlawful discharge or denial of employment.

4. Prejudgment Interest Rate: The Dole Act introduces a more specific rule for prejudgment interest under USERRA. Before the amendment, USERRA did not specify a prejudgment interest rate for lost wages or benefits. Now, courts can require employers to pay 3% interest per year on lost wages or benefits.

5. Mandatory Attorney Fees Awards: Under the amended USERRA, employees who win a lawsuit or proceeding brought under USERRA against a private or state or local government employer are now entitled to reasonable attorney’s fees. Before the amendment, these awards were optional. By making such awards mandatory, the Dole Act ensures successful claimants receive compensation for legal costs.

6. Clarified Protection for Career Military Members: A provision in USERRA previously stated that one of the law’s purposes was “to encourage noncareer service in the uniformed services.” This provision led to confusion about whether the law also protected military members who were part of the regular active-duty force or whose service in the Reserves or National Guard components could be considered “career service.” While USERRA has always been construed to provide civilian employment and reemployment protections to all service members—including those in the regular military, Reserve, and National Guard—the wording created uncertainty. The Dole Act resolved this issue by removing the word “noncareer” from the provision. The law now states that one of USERRA’s purposes is “to encourage service in the uniformed services,” confirming that regular military members are fully protected.

The Dole Act continues a longstanding trend of Congress regularly increasing the scope of USERRA’s employment protections for veterans and service members. Since USERRA’s enactment in 1994, Congress has expanded its coverage to include FEMA reservists and certain National Guard members performing service under state duty, established an express cause of action for hostile work environment claims, and improved how the U.S. Department of Labor’s Veterans’ Employment and Training Service handles USERRA complaints. The Dole Act’s amendments, however, are some of the most significant to date, and the Act’s bipartisan passage suggests that public support for service member and veteran employment protections remains strong.