---
kind: "section"
citation: "20 C.F.R. § 1002.21"
title: "20"
number: "1002.21"
heading: "Do the Act's prohibitions against discrimination and retaliation apply to all employment positions?"
url: "https://uscodex.org/cfr/20/1002.21"
---

# §1002.21. Do the Act's prohibitions against discrimination and retaliation apply to all employment positions?


The prohibitions against discrimination and retaliation apply to all covered employers (including hiring halls and potential employers, see [sections 1002.36](/cfr/20/1002.36.md) and .38) and employment positions, including those that are for a brief, nonrecurrent period, and for which there is no reasonable expectation that the employment position will continue indefinitely or for a significant period. However, USERRA's reemployment rights and benefits do not apply to such brief, nonrecurrent positions of employment.


## Notes

### Authority

Authority: Section 4331(a) of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), 38 U.S.C. 4331(a) (Pub. L. 103-353, 108 Stat. 3150).

### Source

Source: 70 FR 75292, Dec. 19, 2005, unless otherwise noted.