U.S. High Court Finds Employer Liable For Bias That Influenced Firing

WASHINGTON, D.C. - (Mealey's) An employer is liable under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) for its management-level employee's antimilitary bias if that bias is intended to cause an adverse employment action and ultimately is a proximate cause of...

Staub v. Proctor Hosp., 2011 U.S. LEXIS 1900, (March 1, 2011)

LexisNexis Overview: Where a vice president fired an employee who was a member of the United States Army Reserve, the employer was not entitled to judgment as a matter of law regarding the "cat's paw" discrimination claim under USERRA, because, inter alia, there was evidence that supervisors...

Carder v. Cont'l Airlines, Inc., 636 F.3d 172 (March 22, 2011)

LexisNexis Overview: In affirming the partial dismissal of a putative class claim against an airline, the court concluded, on an issue of first impression, that service members could not bring a freestanding cause of action for hostile work environment against their employers pursuant to the Uniformed...

Does USERRA Protect Against a Hostile Work Environment?

by Vanessa L. Goddard Several months ago, the Fifth Circuit Court of Appeals (which covers Louisiana, Mississippi, and Texas) issued an extremely interesting opinion and, in the process, became the first federal appellate court to definitively address whether the Uniformed Services Employment and...

USERRA Requires Employer to Provide Returning Employee Equivalent Amount of Pay Rather than Equivalent Rate of Pay

In a case of first impression, the United States District Court for the Second Circuit recently held that the law requires an employer to pay an employee returning from military service to a commission-based job the same total amount of pay he or she received prior to activation- the employer violates...

6s Wild! 6th Circuit Affirms Contractual 6 Month Limitation for Employment Claims

Between the following two options-a federal statute or a private employment agreement-which wins? The federal statute (the Uniformed Services Employment and Reemployment Rights Act (USERRA)), which, at the time, provided for a four-year statute of limitations, and which states that it "supersedes...