Bus510 Assignment 3 - Petty V. Metropolitan Gov’t of Nashville & Davidson County

Petty v. Metropolitan Gov’t of Nashville & Davidson County

Crystal R. Brazel

Strayer University

BUS510 Business Employment Law

Professor Damaris Garrett
February 16, 2013

Petty v. Metropolitan Gov’t of Nashville & Davidson County
What were the legal issues in this case? In this case there where (3) legal issues: (1) Metro delayed rehiring Petty for the purpose of subjecting him to the department 's return-to-work process; (2) Metro did not properly rehire Petty because he was not placed in the position to which he was entitled; and (3) Metro impermissibly denied him the ability to work off-duty security jobs. These claims were asserted as violations of the reemployment provisions of USERRA, §§ 4312-4313, and the antidiscrimination provision of the Act, § 4311 (Walsh, 2010). Employment rights of military reservists are protected under the Uniformed Service Employment and Reemployment Rights Act of 1994 (Title 38 United States Code, Sections 4301 to 4335), or USERRA. USERRA is intended to provide protections to members of the military reserves, the national or air guards, or the other Uniformed Services such as the Public Health Service. These protections include, but are not limited to: (1) ensuring they are not disadvantaged in their civilian careers because of their military service; (2) are promptly reemployed in their civilian jobs upon their return from duty; and (3) are not discriminated against in employment based on past, present or future military service (Morin).
Explain how the reemployment provisions of the USERRA were violated in this case. USERRA is a federal statute that protects service members and veterans civilian employment rights. Among other things, under certain conditions, USERRA requires employers to put individuals back to work in their civilian jobs after military service. USERRA also protects service members from discrimination in the workplace based on their military service or affiliation. For the purposes of this case, USERRA performs four key functions. First, it guarantees returning veterans a right of reemployment after military service. Second, it prescribes the position to which such veterans are entitled upon their return. Third, it prevents employers from discriminating against returning veterans on account of their military service. Fourth, it prevents employers from firing without cause any returning veterans within one year of reemployment (Walsh, 2010).
Explain why the court concludes that Petty has a claim for discrimination under USERRA. The district court found that Metro discriminated against Petty by denying his request to work as a security guard at two Nashville restaurants, ruling that the denial violated USERRA’s discrimination provision, § 4311. Petty moonlighted at the restaurant prior to his deployment, but Metro denied Petty’s request to resume work at the restaurant after his return. Metro refused Petty’s request because Metro had placed Petty on “administrative assignment” pending the outcome of its investigation into his alleged dishonesty during Metro’s return-to-work process, and this probationary status barred Petty from engaging in extra-duty employment. USERRA’s discrimination provision prohibits an employer from denying “retention in employment” or any other “benefit of employment” based on a veteran’s “membership [in uniformed service], application for membership, performance of service, application for service, or obligation.” 38 U.S.C. § 4311(a). Petty described the burden-shifting framework that governs discrimination claims brought under § 4311:
An individual bringing a § 4311 claim has the initial burden of proving a prima facie case of discrimination by showing, by a preponderance of the evidence, that his protected status was a substantial or motivating factor in the adverse employment action(s). The burden then shifts to the employer to prove the affirmative defense that the employment action(s) would have been taken in the absence of the employee’s protected status (Petty v. Metro. Gov’t of Nashville, 2012).
Explain what the police department should have done differently. The Metropolitan Gov’t of Nashville & Davidson County police department must obey to the rights under USERRA concerning military service members. This is required by law to protect returning service members and has mandatory requirements for employers to reemploy veterans upon their return. Under USERRA, employers are required to allow employees to report for active duty after being provided sufficient notice. When the employee returns to her civilian position after less than 90 days of service, the employer is required to promptly reemploy the service member in the job the employee would have held or did hold had she remained employed. Employees’ returning to their civilian work position after more than 90 days of military service, the employer is required to return the employee to the job held or would have held had he remained employed. The position must retain the employee 's relative seniority, status and pay the duties of which the person is qualified to perform. If the employee can not be placed in that position, the employer should place the employee in a position that most nearly approximates the duties the employee is qualified to perform (Morin). Had Metro followed the laws put in place by congress that clearly protects the employee’s jobs and from discrimination, they would not have been in this situation. The department needs revamping to assure this does not happen in the future.

References

Petty v. Metro. Gov’t of Nashville, 12a00226p.06 (UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT July 24, 2012).

Morin, C. (n.d.). Federal Law That Protects Reservists ' Employment Rights. Retrieved from eHow.com: http://www.ehow.com/info_8353064_federal-protects-reservists-employment-rights.html

Walsh, D. J. (2010). Employment Law for Human Resources Practices (Third ed.). Mason, Ohio: Cengage Learning.

References: Petty v. Metro. Gov’t of Nashville, 12a00226p.06 (UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT July 24, 2012). Morin, C. (n.d.). Federal Law That Protects Reservists ' Employment Rights. Retrieved from eHow.com: http://www.ehow.com/info_8353064_federal-protects-reservists-employment-rights.html Walsh, D. J. (2010). Employment Law for Human Resources Practices (Third ed.). Mason, Ohio: Cengage Learning.