---
kind: "section"
citation: "20 C.F.R. § 1002.33"
title: "20"
number: "1002.33"
heading: "Does the employee have to prove that the employer discriminated against him or her in order to be eligible for reemployment?"
url: "https://uscodex.org/cfr/20/1002.33"
---

# §1002.33. Does the employee have to prove that the employer discriminated against him or her in order to be eligible for reemployment?


No. The employee is not required to prove that the employer discriminated against him or her because of the employee's uniformed service in order to be eligible for reemployment.


## 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.