THE OKLAHOMA BAR JOURNAL 20 | FEBRUARY 2025 Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff. “When we assumed the Soldier we did not lay aside the Citizen.” – Gen. George Washington1 The citizen-soldier, those civilians who also serve part time in the Reserve and National Guard, is a foundational part of our nation going back to 1636 when the first militia was formed at the Massachusetts Bay Colony.2 After Sept. 11, 2001, the United States workforce went through an adjustment as thousands of employees who were members of the military Reserve and National Guard components were called to active duty. What many may not realize is that 40% of the United States fighting force is comprised of the Reserve and/or National Guard. For the past 70 years, there has been some form of federal protection for those who have, as Abraham Lincoln stated, “laid aside his civilian pursuits to serve his country in its hour of need.” To further mitigate any hardship, Congress enacted the Uniformed Services Employment and Reemployment Rights Act (USERRA).3 It is the guarantee from Congress that members of the uniformed services will not suffer negative employment repercussions based on their military service,4 and it protects members of the Reserve and National Guard from unlawful employment discrimination.5 USERRA enables citizens to serve by guaranteeing reemployment upon returning from active duty back to civilian life,6 and it not only covers reemployment rights but also health insurance, pension and any usual fringe benefits following military service.7 HISTORY Workers having trouble with employers is not a new concept and has arisen whenever the country has beckoned its part-time military members.8 The first legislation by Congress was the Selective Training and Service Act of 19409 and later the Military Selective Service Act of 1967,10 the Vietnam Era Veterans’ Readjustment Assistance Act of 197411 and the Veterans’ Reemployment Rights Act (VRRA).12 These USERRA predecessors had become cumbersome given the greater responsibilities of reservists in “every phase of military preparedness.”13 President George H.W. Bush ordered the first large-scale call-up of reservists, with 228,000 reservists ordered to active duty and an additional 132,000 authorized during the first Gulf War.14 This substantial mobilization of reservists brought the concern of job protection to the forefront. With concerns regarding those Gulf War veterans returning home and reentering the civilian workforce, Congress proposed USERRA,15 and it was signed into law by President Bill Clinton on Oct. 13, 1994.16 Military & Veterans When Johnny Comes Marching Home: Employment Protection for the Citizen-Soldier By Robert Don Gifford II
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