USERRA provides that a person who is a member of a uniformed service shall not be denied initial employment, reemployment, retention in employment, promotion or any benefit of employment by an employer on the basis of that membership in a military service.

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Employment Law

9/4/2009
Robert L. Abell
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USERRA Suit Against Continental Airlines

Four pilots have sued Continental Airlines under USERRA, which prohibits discrimination against persons because of their service in the uniformed services.  USERRA provides that a person who is a member of a uniformed service shall not be denied initial employment, reemployment, retention in employment, promotion or any benefit of employment by an employer on the basis of that membership in a military service. 

The pilots claim that the airline shortchanges them on seniority and harasses them over service-related absences. 

The Sixth Circuit upheld a jury's verdict awarding $300,000 plus in damages recently in a USERRA case in Hance v Norfolk Southern, No 07-5475 (July 1, 2009). You can learn more that case and USERRA at National Guardsman Wins USERRA Case.




Labels: discrimination military service USERRA

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