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National Guard member wins coverage battle

January 2020 employment law letter
Authors: 
Steven L. Brenneman, Fox, Swibel, Levin & Carroll, LLP

The federal Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits discrimination against individuals in “service in a uniformed service.” The Act is intended to ensure persons who serve in the armed forces (1) aren't disadvantaged in their civilian careers because of their service, (2) are promptly reemployed in their civilian jobs on their return from duty, and (3) aren't discriminated against in employment based on past, present, or future military service. A recent decision from the U.S 7th Circuit Court of Appeals (whose rulings apply to all Illinois employers) considered whether National Guard service authorized under Illinois state law—as opposed to federal law—is protected under USERRA.

Drill sergeant

David Mueller was a sergeant with the city of Joliet Police Department (PD) in August 2015, when he also enlisted in the National Guard, for which he performed active duty on numerous occasions thereafter. In March 2016, he received orders to report for full-time duty, from May 9 through September 20, 2016, with the Illinois National Guard Counterdrug Task Force in Romeoville. He informed the Joliet PD of his deployment orders and upcoming active duty with the National Guard.

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