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

---
identifier: "/us/cfr/t20/s1002.33"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "20 CFR § 1002.33 - Does the employee have to prove that the employer discriminated against him or her in order to be eligible for reemployment?"
title_number: 20
title_name: "Employees' Benefits"
section_number: "1002.33"
section_name: "Does the employee have to prove that the employer discriminated against him or her in order to be eligible for reemployment?"
chapter_name: "OFFICE OF THE ASSISTANT SECRETARY FOR VETERANS' EMPLOYMENT AND TRAINING SERVICE, DEPARTMENT OF LABOR"
part_number: "1002"
part_name: "REGULATIONS UNDER THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT OF 1994"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
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)."
regulatory_source: "70 FR 75292, Dec. 19, 2005, unless otherwise noted."
cfr_part: "1002"
---


# 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.