Reservist’s claim that employer was anti-military goes down in flames

The Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits employment discrimination and retaliation based on an employee’s military status or obligations. If an individual’s military status or their performance of military obligations motivates an employer’s adverse decision or action, unlawful discrimination or retaliation has occurred. As with other employment laws, USERRA claims turn on the employer’s intent or motivation. A business may defeat a USERRA discrimination lawsuit by demonstrating it would have made the same employment decision regardless of the individual’s military status or obligations.

Anti-military accusations

Kenneth Porter was a U.S. Navy veteran and member of the Navy Reserve who worked as a pilot for Trans State Airlines (TSA) for 14 years. During his employment, he was absent multiple times for Naval Reserve assignments, including a seven-month deployment and a three-year assignment at the Pentagon. Without exception, TSA approved all his requests for military leave.

Nevertheless, Porter sued TSA for USERRA discrimination, claiming, among other things, that he was denied a number of promotions based on his absences and the employer’s anti-military animus.

Claims crash under scrutiny