The Court held that the employer will be liable under USERRA where:
- A supervisor performs an act motivated by antimilitary animus;
- The act was intended by the supervisor to cause an adverse employment action; and
- the act is a proximate cause of the ultimate employment action.
Image: That's my cat, Mr. Merlin. He's generally non-discriminatory except on the basis of whether you have food and/or treats for him. That is not a protected class under federal law.
Posted by Philip Miles, an attorney with McQuaide Blasko in State College, Pennsylvania in the firm's civil litigation and labor and employment law practice groups.