USERRA Applies To Claims of Harassment

An Alabama district court held that a National Guard member fired from his job lant has no unlawful termination claim under the Uniformed Services Employment and Reemployment Rights Act (USERRA), but that he may pursue a claim for harassment based on his military status. The case is Dees v. Hyundai Motor Mfg. Ala. LLC, (M.D. Ala. May 21, 2008)(registration required).

In partially denying summary judgment to Hyundai Motor Manufacturing, the court stated that USERRA's provision that a military service member not be denied "any benefit of employment" because of his service is broad enough to include a harassment claim. Citing cases from other courts, the court held that USERRA prohibits a hostile work environment based on military service, as analogous acts of sexual or racial harassment are prohibited by Title VII of the 1964 Civil Rights Act. The court focused on the fact that "USERRA is intended to be construed broadly for the benefit of returning veterans," and that the court's holding "is consistent with the purpose of USERRA--namely, to encourage individuals to join the military by assuring them that their jobs are not at risk. An assurance that employees cannot be fired on account of their military service is meaningless without assurance that the work environment will not be so intolerable that they will feel forced to quit."

Mitchell H. Rubinstein