In Petty v. Metropolitan Government of Nashville Davidson County, the Sixth Circuit held that a Nashville Police Department violated the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) by delaying reemployment to an employee returning from military duty.  Petty, a former police officer for the Metropolitan Government of Nashville Davidson County (“Metro”) alleged that Metro violated his rights under USERRA by denying him prompt reemployment on the grounds that he did not adhere to the department’s return-to-work process. 

The district court granted Metro’s motion for summary judgment, concluding that Metro’s return-to-work procedures could be applied to Petty because they were applicable to all individuals regardless of military service.  The Sixth Circuit reversed, concluding that USERRA prohibits an employer’s adoption of any policy, plan or practice that creates additional prerequisites to a service member’s statutory right to reemployment.  Finding that Petty’s failure to provide the separation papers he received from the military was “statutorily unnecessary” to exercise his right to reemployment, the Sixth Circuit remanded the case to the district court.

Yesterday the House approved by voice vote S. 3023 (“Veterans’ Benefits Improvement Act of 2008”), to enhance the complaint process for the Uniformed Services Employment and Reemployment Rights Act (USERRA) and prohibit application of statutes of limitations to USERRA claims.  The Senate passed the bill by unanimous consent last week.  The bill will expedite the processing of USERRA claims by creating deadlines for agency responses.  In particular, the bill:

• Requires the Department of Labor’s Veterans’ Employment and Training Service (VETS) to complete its investigation and notify the employee of its results within 90 days of receiving a complaint; 
• Requires the VETS to refer a complaint to the Attorney General or Office of Special Counsel (OSC) within 60 days of receiving a complaint; and
• Requires the Attorney General or OSC to determine whether to provide legal representation to the employee and provide written notification to the employee on same within 60 days of receiving a referral.

The bill also calls for every federal agency to provide training to human resources personnel on employment and reemployment rights provided to federal employees under USERRA.