Anthony Carroll v. Delaware River Port Authority
2016 U.S. App. LEXIS 21993
| 3rd Cir. | 2016Background
- Anthony J. Carroll, a long‑time Port Authority police officer and National Guard/Navy veteran, was deployed to Iraq in 2009, suffered serious injuries, and has not worked for the Port Authority since deployment.
- While on active duty/rehabilitation, Carroll applied for promotion to sergeant in 2010 and 2012; he interviewed both times but was not promoted.
- Carroll sued the Delaware River Port Authority under USERRA, alleging failure‑to‑promote because of military service.
- At summary judgment, the Port Authority argued Carroll must plead and prove he was objectively qualified for the sergeant position to meet his initial USERRA burden; District Court denied both parties’ summary judgment motions and certified the question for interlocutory appeal.
- The Third Circuit framed the legal issue as whether an objective‑qualification showing is part of the plaintiff’s initial burden under USERRA’s burden‑shifting framework.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a USERRA failure‑to‑promote plaintiff must plead and prove objective qualifications as part of the initial burden | Carroll: no; plaintiff need only show military service was a substantial or motivating factor; qualifications are relevant only as employer’s defense | Port Authority: yes; plaintiff must prove objective qualifications in addition to showing service was a motivating factor | No. Plaintiff need not plead or prove objective qualifications to meet USERRA’s initial burden; lack of qualifications is an employer’s affirmative, non‑discriminatory defense |
Key Cases Cited
- Sheehan v. Department of Navy, 240 F.3d 1009 (Fed. Cir.) (adopting Transportation Management burden‑shifting for USERRA claims)
- NLRB v. Transportation Management Corp., 462 U.S. 393 (U.S. 1983) (articulated two‑step burden‑shifting framework)
- Gummo v. Village of Depew, N.Y., 75 F.3d 98 (2d Cir.) (discussing USERRA’s motivating‑factor standard and congressional intent)
- Madden v. Rolls‑Royce Corp., 563 F.3d 636 (7th Cir.) (treating lack of qualifications as employer evidence at second step)
- Angiuoni v. Town of Billerica, 838 F.3d 34 (1st Cir.) (holding plaintiff meets initial USERRA burden by showing service was a motivating factor)