· 6/22/2006
Cheryl P. Francis v. Booz, Allen & Hamilton, Incorporated, Reserve Officers Association, Amicus Supporting
Citations
- 452 F.3d 299
- 179 L.R.R.M. (BNA) 3094
- 2006 U.S. App. LEXIS 15578
- 88 Empl. Prac. Dec. (CCH) 42,422
- 2006 WL 1703085
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “§ 4312 applies to protect a covered individual only as to the act of rehiring”
- holding that where complained-of conduct predates protected activity and it continues, the inference of retaliatory conduct “does not arise”
- concluding that the employer satisfied Sections 4312 and 4313 when it rehired the returning service member in the same position with the same title, salary, and work
- noting that temporal proximity between protected activity and adverse action is not dispositive of a retaliation claim when the adverse action is otherwise justified
- noting that § 4312 protects military members up to the instant of reemployment while other sections of USERRA, such as § 4311 and § 4316, protect the member after reemployment occurs
- noting that § 4312 protects military members up to the instant of -11- reemployment while other sections of USERRA, such as § 4311 and § 4316, protect the member after reemployment occurs
Source: CourtListener parenthetical corpus (CC0).
Judges: Wilkins, Niemeyer, Duncan
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.