---
kind: "section"
citation: "20 C.F.R. § 1002.305"
title: "20"
number: "1002.305"
heading: "What court has jurisdiction in an action against a State or private employer?"
url: "https://uscodex.org/cfr/20/1002.305"
---

# §1002.305. What court has jurisdiction in an action against a State or private employer?

- (a) If an action is brought against a State or private employer by the Attorney General, the district courts of the United States have jurisdiction over the action. If the action is brought against a State by the Attorney General, it must be brought in the name of the United States as the plaintiff in the action.
- (b) If an action is brought against a State by a person, the action may be brought in a State court of competent jurisdiction according to the laws of the State.
- (c) If an action is brought against a private employer or a political subdivision of a State by a person, the district courts of the United States have jurisdiction over the action.
- (d) An action brought against a State Adjutant General, as an employer of a civilian National Guard technician, is considered an action against a State for purposes of determining which court has jurisdiction.

## 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.