Petty v. Metro Government (6th Cir 08/18/2008)

As USERRA claims continue to increase with service members returning in large numbers from combat in Iraq and Afghanistan, expect more of these claims to make their way through the federal appellate courts. This is not the last we will hear about the relationship between reemployment rights and anti-discrimination provisions in USERRA. The McDonald Douglass frame work does not apply as they do in Tittle VII cases.

The court has concluded for now in Petty v. Metro Government (6th Cir 08/18/2008): that an employee asserting a claim for violation of his reemployment rights under Sections 4312 or 4313 need not provide proof of discrimination. The court noted that its conclusion is consistent with the approach set forth by the Department of Labor in 20 CFR Section 1002.33.
http://caselaw.lp.findlaw.com/data2/circs/6th/075649p.pdf
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