S. 3042

Justice for Servicemembers Act of 2016

This bill amends the Uniformed Services Employment Rights Act of 1994 to: (1) consider procedural protections or provisions under such Act concerning employment and reemployment rights of members of the uniformed services to be a right or benefit subject to the protection of such Act, and (2) make any agreement to arbitrate a claim under such provisions unenforceable unless all parties consent to arbitration after a complaint on the specific claim has been filed in court or with the Merit Systems Protection Board, and all parties knowingly and voluntarily consent to have that particular claim subjected to arbitration.

Consent shall not be considered voluntary when a person is required to agree to arbitrate an action, complaint, or claim alleging a violation of such provisions as a condition of future or continued employment, advancement in employment, or receipt of any right or benefit of employment.