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ARTICLE · 28 FEBRUARY 2011

Recent Veterans Discrimination Suit Highlights USERRA Retaliation Risk

McGuireWoods LLP
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On Jan. 13, 2011, the U.S. Court of Appeals for the Fourth Circuit ruled in Bunting v. Ocean City that William Bunting, a former sergeant with the Ocean City Police Department (OCPD), may proceed to trial on his claim for retaliation under the Uniformed Services Employment and Reemployment Rights Act (USERRA).

United StatesEmployment and HR
Austin Breen
Austin Breen

On Jan. 13, 2011, the U.S. Court of Appeals for the Fourth Circuit ruled in Bunting v. Ocean City that William Bunting, a former sergeant with the Ocean City Police Department (OCPD), may proceed to trial on his claim for retaliation under the Uniformed Services Employment and Reemployment Rights Act (USERRA). This decision was despite the fact that Bunting failed to prove that the alleged underlying discriminatory conduct complained of was motivated by his military service.

Background

As a member of the Coast Guard reserve, Bunting was called to active duty from Feb. 2003 through Sept. 2004. During that time, the OCPD announced a lieutenant position vacancy and encouraged all sergeants to apply. The OCPD sent Bunting an email notifying him of the opportunity, but Bunting did not learn of the opening until his active duty service ended and the position had been filled. Bunting then complained to the Ocean City mayor and the Department of Labor's Veterans'

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