Section
1. Amend Title 19 of the Delaware Code
by adding thereto a new chapter to read:
"CHAPTER
12. PROTECTED RIGHTS FOR MEMBERS OF THE
UNIFORMED MILITARY SERVICES
§1201. Enforcement of the Servicemembers Civil
Relief Act and the Uniformed Services Employment and Reemployment Rights Act.
The provisions of the Servicemembers Civil Relief Act (SCRA),
50 U.S.C. App. 501 et seq. (2003) (formerly known as the Soldiers' and Sailors'
Civil Relief Act of 1940 (SSCRA) and of the Uniformed Services Employment and
Reemployment Rights Act (USERRA), 38 U.S.C. 4301 et seq. (1994) are adopted and
made a part of this chapter. All of the
benefits, protections, and rights provided in SCRA and USERRA are applicable to
all persons called to service in the uniformed services of the United
States, as defined in State and federal law,
and are enforceable pursuant to the provisions of this chapter.
§1202. Posting of law
in employment establishments.
(a) Every employer
who employs 20 or more employees or who has an employee who is a member of the
uniformed services of the United States,
including members of the National Guard and the Reserve, shall post the
following notice in a conspicuous and accessible location in or about the
premises or place of employment where employees normally pass:
'If you are in the National Guard or the
Reserve, or are on active duty, you have certain protected employment and
reemployment rights, freedom from discrimination rights, and civil rights. If you feel that you have been discriminated
against or have been denied rights because of your service in the uniformed
military services, contact the Committee for Employer Support of the Guard and
Reserve.'.
The notice must also contain the contact telephone
number and web site address for the Committee for Employer Support of the Guard
and Reserve.
(b) The
Department of Labor shall, upon request, make available a copy of the notice in
subsection (a) of this section to employers in this State.
(c) A person who violates this chapter is
subject to a civil penalty of not less than $1,000 nor more than $5,000 for
each violation.".
