News & Analysis as of

Discrimination › Uniformed Services Employment and Reemployment Rights Act

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
Constangy, Brooks, Smith & Prophete, LLP

ABCs of Employment Law: Employment at will

Constangy, Brooks, Smith & Prophete, LLP on

So misunderstood! NOTE FROM ROBIN: Earlier this year, I began a series of very basic explanations of the federal laws that govern the workplace. The first installment covered discrimination in general, and the second...more

Bradley Arant Boult Cummings LLP

Don’t Dawdle in USERRA’s World: Fourth Circuit Affirms USERRA Violation for Delayed Reemployment

Bradley Arant Boult Cummings LLP on

How long do you have to reinstate an employee following military leave? In Harwood v. American Airlines, the Fourth Circuit found that a delay of six or eight weeks was too long. The Uniformed Services Employment and...more

Orrick - Employment Law and Litigation

Third Circuit Court of Appeals Rejects Broadening USERRA’S Evidentiary Burden For Discrimination Claims

Orrick - Employment Law and Litigation on

The Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”), 38 U.S.C. §§ 4301–4335, prohibits discrimination against members of the U.S. military and imposes various obligations on employers with respect...more

Nutter McClennen & Fish LLP

Reemployment Rights of Employees Returning from Active Duty in the Armed Forces

Nutter McClennen & Fish LLP on

David C. Henderson, a partner in Nutter’s Litigation Department and a member of the firm’s Labor, Employment and Benefits practice group, weighed in on the reemployment rights of employees returning from active duty in the...more

Littler

New Mexico State Employers Cannot Avoid Private USERRA Claims

Littler on

In Ramirez v. State of N.M. Children, Youth and Families Department, filed on April 14, 2016, the New Mexico Supreme Court ruled that a New Mexico National Guard member could assert a claim against the state as the employer...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Job Applicant Was Rejected Due to Dishonesty, Not Prior Lawsuit, Says Sixth Circuit

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On April 8, 2016, the Sixth Circuit Court of Appeals affirmed a judgment in favor of an employer in Hance v. BNSF Railway Company, a failure-to-hire retaliation case brought under the Uniformed Services Employment and...more

Orrick - Employment Law and Litigation

Managers Beware: Individual Liability Confirmed Under USERRA

Orrick - Employment Law and Litigation on

The Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”), 38 U.S.C. §§ 4301–4335, prohibits discrimination against employees and potential employees based on their military service and imposes certain...more

Orrick - Employment Law and Litigation

“Reporting for Duty”: Employers May Face Extended Obligations to Reemploy Veterans with Post-Traumatic Stress Disorder under...

Orrick - Employment Law and Litigation on

The Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”), 38 U.S.C. §§ 4301–4335, not only prohibits discrimination against employees and potential employees based on their military service, it also...more

Orrick - Employment Law and Litigation

Don’t Forget the Veterans: Unique Provisions, High Stakes, and Liberal Judicial Interpretation Make USERRA Compliance a Battle

Orrick - Employment Law and Litigation on

Because of the way the statute is drafted and how courts have interpreted it, employers of current members of the Armed Forces and veterans can sometimes find themselves with unexpected legal exposure under the Uniformed...more

Sands Anderson PC

Starting with Employee 1

Sands Anderson PC on

While many employment discrimination laws don’t apply until you have 15, 25 or 50 employees, there are several employment laws that apply when you hire your first employee...more

Fenwick & West LLP

Fenwick Employment Brief - November 2013

Fenwick & West LLP on

Flurry of New California Employment Statutes Continues - The California Legislature passed and Governor Brown approved the following new statutes impacting California employment law that shortly take effect in 2014....more

Benesch

First Circuit Holds Military Members May Be Entitled to Discretionary Promotions upon their Return from Service

Benesch on

The First Circuit Court of Appeals held that an employer may have discriminated against an employee by not giving him a discretionary promotion upon his return from a military deployment in Rivera-Melendez v. Pfizer Pharm.,...more

McAfee & Taft

EmployerLINC.com - January 22, 2013: Limits on reemployment rights under USERRA

McAfee & Taft on

Under the Uniform Services Employment and Reemployment Rights Act (USERRA), employers may not discriminate against employees based on military service. USERRA also affords employees returning from military leave with...more

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