Section 4311(a) of USERRA provides as follows:
A person who is a member of, applies to be a member of, performs, has performed, applies to perform, or has an obligation to perform service in the uniformed services [including NDMS] shall not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an employer on the basis of that membership, application for membership, performance of service, application for service, or obligation.
Section 4311(c)(1) further provides:
An employer may not discriminate in employment against or take any adverse employment action against any person because such person has taken an action to enforce a protection afforded any person under this chapter, has testified or otherwise made a statement in or in connection with any proceeding under this chapter, has assisted or otherwise participated in an investigation under this chapter, or has exercised a right provided for in this chapter. These two provisions provide a very broad protection against employer discrimination, much broader than the VRRA law provided. The second provision prohibits, for the first time, reprisals against any person, without regard to NDMS connection, who testifies or otherwise assists in an investigation or other proceeding under USERRA. (38 USC 4311)