A Fighting Chance: The Proposed Servicemembers Access to Justice Act & Its Potential Effects on Binding Arbitration Agreements

In August 2008 a bill was introduced in the United States Senate that clearly states Uniformed Services Employment and Reemployment Rights of 1994 (USERRA) claims supersede any preexisting arbitration clauses in employment agreements. This bill, known as the Servicemembers Access to Justice Act (SAJA), would restore full access to the federal court system for USERRA plaintiffs. This paper examines the SAJA and its potential effects on the USERRA. It begins with a survey of the history behind the passage of the USERRA, as well as the FAA. Next, it describes the two federal circuit court decisions that have led to the proposal of the SAJA. A further section explores the SAJA itself. A commentary section follows, expressing disagreement with the court decisions and support for the SAJA, as it restores the privileged status bestowed upon veterans by Congress in the USERRA and its predecessor statutes. Finally, the conclusion looks forward to the passage of this much needed law