This Comment examines the statutory history of military reservists' rights, and takes a critical view of the Supreme Court's conclusion that that Congress did not intend to accommodate reservists in their civilian employment. The author argues that whether the reservist is still entitled to any statutory incidents and advantages of employment depends on how federal courts apply the Supreme Court's test of equality vis-a-vis fellow employees without military obligations. The author suggests that the effects of the Court's restrictive holding may prove adverse to the national defense posture, to the viability of the all-volunteer forces concept, and to other statutory protections afforded employee-reservists.
Ronald W. Scott,
Military Reservist-Employers' Rights under 38 U.S.C. 2021(b)(3) - What is an Incident or Advantage of Employment?,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol19/iss4/10