Article
When The Employer Makes The Plaintiff’s Case: DOJ’s Rare USERRA Action Against A Private Employer
When an employer documents that an employee's National Guard obligations are the reason for demotion or termination, it creates overwhelming evidence of discrimination under federal law. This case reveals how the Department of Justice approaches USERRA enforcement against private employers and what triggers federal litigation. The consent decree imposed extensive compliance obligations that extended far beyond monetary damages, demonstrating the lasting consequences of explicitly linking adverse employment
Littler Mendelson