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ARTICLE · 02 MARCH 2011

Supreme Court Decision Alert - March 1, 2011

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Under the Uniformed Services Employment and Reemployment Rights Act of 1994 ("USERRA"), 38 U.S.C. § 4311 et seq., it is unlawful for an employer to discriminate on the basis of an employee’s membership in the armed services.

United StatesLitigation, Mediation & Arbitration
Andrew Tauber
Andrew Tauber
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Originally published March 1, 2011

Keywords: USERRA, reemployment rights, antimilitary bias acts, freedom of information act, FOIA, enforcement action

Today the Supreme Court issued two decisions, described below, of interest to the business community.

  • Uniformed Services Employment and Reemployment Rights Act—Imputed Bias
  • Freedom of Information Act—Corporations

Uniformed Services Employment and Reemployment Rights Act—Imputed Bias

Staub v. Proctor Hospital,No. 09-400 (previously discussed in the April 19, 2010 Docket Report).

Under the Uniformed Services Employment and Reemployment Rights Act of 1994 ("USERRA"), 38 U.S.C. § 4311 et seq., it is unlawful for an employer to discriminate on the basis of an employee's membership in the armed services. Today, in Staub v. Proctor Hospital, No. 09-400, the Supreme Court held that an employer is liable under USERRA when a supervisor animated by antimilitary bias acts with the intent to cause an adverse

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