Congress did pass a subsequent law that changed the language to bridge the gap between USERRA language and other federal laws regarding workplace harassment.

http://www.tullylegal.com/washington...e&page_id=7443

Service members who felt vulnerable after a federal appellate court earlier this year ruled the Uniformed Service Employment and Reemployment Rights Act (USERRA) does not protect them from hostile work environments now have reason to be hopeful. Legislation proposing to protect service members from work environments in which their military duty is a source of hostility is advancing in Congress.

The U.S. House of Representatives on Oct. 12 passed the Veterans Opportunity to Work Act of 2011 (VOW Act, H.R. 2433). Among the bill’s many provisions, which mostly aim to help veterans to more easily transition into civilian employment, is one that would amend USERRA. The bill proposes to clarify USERRA’s definitions for employment benefits to include “the terms, conditions, or privileges of employment.”

It was because this phrase was missing from USERRA that the U.S. 5th Circuit Court of Appeals ruled in Carder v. Continental Airlines, Inc. that the law’s employment protections do not cover hostile work environments. Other anti-discrimination-based federal laws, such as Title VII of the Civil Rights Act and the Americans with Disabilities Act, feature this phrase. The protection for “conditions...of employment” is what is crucial for employees seeking to enforce their rights when facing a hostile work environment.

[became law on 11/21/11 combined with a Senate bill]

http://warriorcare.dodlive.mil/2011/...re-heroes-act/