Third Circuit Clarifies Plaintiff's Burden Of Proof For USERRA Claims

Seyfarth Synopsis: The Third Circuit held that, in a failure-to-promote USERRA case, plaintiffs need not plead or prove that they are objectively qualified for the position sought in order to meet their initial burden of proof.

Last week, in Carroll v. Delaware River Port Authority (link), the Third Circuit affirmed the District of New Jersey's denial of summary judgment to the Port Authority in a case alleging violations of the Uniformed Services Employment and Reemployment Rights Act ("USERRA"), a federal statute protecting employees from employment bias because of their military service.  In so holding, the Third Circuit clarified the employee's burden of proof for a USERRA claim.