Under a three-year Demonstration Project established by the Veterans’ Benefits Act of 2010, Pub. L. No. 111-175, OSC, rather than DOL-VETS, will investigate certain USERRA complaints involving federal executive agencies. Normally, such complaints investigated by DOL-VETS and only referred to OSC at the claimant’s request for possible representation before the MSPB (see “Further OSC Enforcement” below).
Beginning on August 9, 2011, OSC will investigate all USERRA complaints involving federal executive agencies filed by individuals –
Under USERRA, OSC has authority to prosecute certain USERRA complaints involving federal executive agencies before the U.S. Merit Systems Protection Board (MSPB).
For USERRA to consider providing representation before the MSPB, the following conditions must be met:
If, after reviewing the complaint and investigative file, OSC is reasonably satisfied that the claimant is entitled to relief under USERRA, OSC may act as attorney for the claimant and initiate an action before the MSPB. If OSC declines representation, the claimant may still file an appeal with the MSPB.