A recent ruling by the U.S. Court of Appeals for the Sixth Circuit serves as a reminder that federal law prohibits discrimination against individuals based on their military service.
In Hickle v. American Multi-Cinema, Inc., the Sixth Circuit reversed a federal trial court and sent the case back to a jury to decide whether the plaintiff was unlawfully terminated because of anti-military sentiment expressed by his manager, in violation of the federal Uniformed Services Employment and Reemployment Rights Act (USERRA).
The appeals court concluded that the plaintiff had presented enough evidence, including testimony about repeated anti-military statements made by his manager, that a reasonable jury could find that his military service was a motivating factor in the company’s decision to fire him in violation of USERRA.
Members of the Center for Workplace Compliance (CWC) can read more here.