Tag Archives: USERRA

Fifth Circuit Decides That Protection From a Hostile Work Environment Is Not a "Benefit of Employment" for Service Members Under USERRA

Members of the armed forces are generally protected from discrimination in their employment by civilian employers under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA). In addition to individual state laws that may protect service members, USERRA makes it illegal for an employer to deny a “benefit of employment” to a member of … Continue reading this entry

U.S. Supreme Court approves "cat's paw" theory of liability in employment discrimination cases.

In Staub v. Proctor Hospital, the Supreme Court ruled that an employer may be held liable for employment discrimination based on the conduct of an employee who influenced – but did not make – the ultimate employment decision.  Commonly called the “cat’s paw” theory of liability, the Supreme Court’s decision means an employer may be … Continue reading this entry

The FMLA Rights of Family Members

Continuing from last week’s Employment Law Update, employees have expanded Family and Medical Leave Act (FMLA) rights in relation to the care of a family member who is a veteran and is undergoing medical treatment or therapy for injury/illness that occurred within the five years preceding treatment. The Fiscal Year 2010 National Defense Authorization Act, … Continue reading this entry

Employer Obligations Under the Uniformed Services Employment and Reemployment Rights Act (USERRA)

Last week, President Obama announced the end of combat operations in Iraq. Although most of the 65,000 Americans serving there will either stay in Iraq into next year or be re-deployed, thousands will be returning to civilian life. Employers need to be mindful of the principal employment laws that protect the job rights of both … Continue reading this entry