FEBRUARY 2025 | 21 THE OKLAHOMA BAR JOURNAL 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. DISCRIMINATION BASED ON MILITARY SERVICE USERRA prohibits discrimination based on an individual’s military service. Specifically, an employer cannot take any action based on a person’s current obligations as a member of the uniformed services, prior service in the uniformed services or intent to join the uniformed services. Title 38, United States Code, Chapter 43, §4311 states, “[A] person who is a member of, applies to be a member of, performs, has performed, applies to perform, or has an obligation to perform service in a uniformed service shall not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an employer on the basis of that membership, application for membership, performance of service, application for service, or obligation.” In addition, when Congress proposed USERRA, it made it clear that any prior case law interpreting the predecessors to USERRA would be applied to current law17 and noted that previous courts had called for a liberal construction of the statute.18
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