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USERRA Publication Speech

United States Attorney Ed Kubo
Press Conference
March 13, 2003

USERRA Publication

Good afternoon and thank you for coming.

The protection of the United States depends on a strong military. Today, our National Guard and Reserves comprise a significant portion of our armed services.

In the United States, there are approximately 1.35 million Guard or Reservists — who serve their country with the Army, Navy, Air Force, Marines, and Coast Guard. Of that amount, approximately 12,000 are Guard or Reservists living in Hawaii.

These individuals come from our civilian population, and are employed by a multitude of "Kamaina" businesses.

Their duties are no longer considered to be a job consisting of one weekend a month and two weeks a year. In fact, their role is vital to the safety and security of America, — and, they have been called up by our President and our Governor in times of need.

As such, it is understandable that while they serve our country, — their absence from their jobs can create an imposition on their employers and co-employees.

Six (6) members of the U.S. Attorney's Office in Hawaii are either Reservists or members of the Guard. Some of them are here today at my request.

I am very proud of each of them. Thank you gentlemen — for your dedication and willingness to service to our country — while at the same time, being a loyal and dedicated member of this Office.

And, in the event of your activation, we will support you in every respect.

The Uniformed Services Employment and Reemployment Rights Act (USERRA), is a federal law which applies to all employers, no matter how many employees they may have. This law intends to minimize the disruption that such service may cause both employees and employers.

But, it also prohibits the discrimination against employees because of their service to our country.

Simply put, under this Law, a National Guard or Reservist must not be denied initial employment, re-employment upon return from service, promotion, or any benefit of employment on the basis of his/her membership or obligation in the uniformed service, including during a period of war or national emergency.

Therefore, because of the uncertainty of events facing us internationally, it is important that employers be aware of their responsibilities and duties with regard to employees who have been — or, may be activated.

Thus, we have produced this publication, entitled: "Uniformed Services Employment and Reemployment Rights Act."

If you are a Guard or Reservist, or if you are an employer of one, this pamphlet on USERRA will give you a better understanding as to what your rights and obligations are under federal law.

If you would like a copy of this pamphlet, either call the U.S. Attorney's Office at 541-2850 to request a copy, or you may write to this office at:

USERRA PUBLICATION
c/o U.S. Attorney's Office
Federal Building, Suite 6100
Honolulu, Hawaii 96850

Finally, because of the knowing sacrifices made by all employers in Hawaii, in allowing their employees to serve their military obligations — I would like to present this Certificate of Appreciation to the Hawaii Chamber of Commerce.

The Chamber of Commerce represents all employers in Hawaii touched by this federal law, and their sacrifices and cooperation in this national effort is deeply appreciated.

I would also like to present another Certificate of Appreciation to the Employer Support of the Guard and Reserve (ESGR) for their contribution and support.

Thank you both for your efforts in these times of national need.