(a) If an action is brought against a State or private employer by the Attorney General, the district courts of the United States have jurisdiction over the action. If the action is brought against a State by the Attorney General, it must be brought in the name of the United States as the plaintiff in the action.
(b) If an action is brought against a State by a person, the action may be brought in a State court of competent jurisdiction according to the laws of the State.
(c) If an action is brought against a private employer or a political subdivision of a State by a person, the district courts of the United States have jurisdiction over the action.
(d) An action brought against a State Adjutant General, as an employer of a civilian National Guard technician, is considered an action against a State for purposes of determining which court has jurisdiction.
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: 70 FR 75292, Dec. 19, 2005, unless otherwise noted.
cite as: 20 CFR 1002.305