844 F.3d 424
4th Cir.2016Background
- Butts, a former Army Reservist and certified teacher, taught for Prince William County 1996–2004, returned to active service 2004–2008, then sought reemployment.
- Initially rehired as a fifth‑grade substitute then formally reemployed under USERRA for the 2008–2009 year and restored to escalator pay/benefits.
- After reemployment, Butts exhibited persistent performance problems; Board implemented two improvement/action plans and provided mentoring and resources.
- Butts took sick leave in October 2010 for stress/anxiety; she later filed an untimely grievance (June 8, 2011) first disclosing PTSD; the Board terminated her June 15, 2011.
- VA and SSA subsequently found her disabled as of late 2010; Butts sued under USERRA § 4313 claiming improper reemployment that exacerbated her PTSD; district court granted summary judgment for the Board.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether reemployment violated USERRA § 4313 because Butts was unqualified | Butts: Board reemployed her into a position she could not perform and the reemployment and improvement plans worsened her mental state | Board: Reemployed Butts to the proper escalator position and restored pay/benefits; her post‑rehire problems don’t undermine compliance | Held: No § 4313 violation — Board reemployed to escalator position and restored salary/benefits |
| Whether employer must accommodate a service‑related disability when the employer lacked notice at reemployment | Butts: Her PTSD required consideration and altered reemployment analysis | Board: It had no notice of PTSD at reemployment; duty to provide alternate position applies only at reemployment when employer knows disability | Held: Employer’s duty re: disability applies at reemployment only if employer knew of disability; here Board lacked notice |
| Whether action plans/discipline after reemployment can serve as a § 4313 basis | Butts: Post‑reemployment conduct and improvement efforts caused/exacerbated PTSD, making § 4313 applicable | Board: § 4313 governs reemployment status at hire, not acts after reemployment; later conduct doesn’t create a § 4313 claim | Held: § 4313 cannot be used to challenge post‑reemployment acts; claim fails |
| Availability of remedies under USERRA | Butts: Sought injunction and damages for lost wages/benefits and injury | Board: Already paid back wages/benefits; Butts is disabled since Oct 2010 so reinstatement is futile; no proof Board caused disability or willfully violated USERRA | Held: No remedy — reinstatement futile, back pay already paid, no causation expert, and no showing of willfulness |
Key Cases Cited
- Hill v. Michelin N. Am., Inc., 252 F.3d 307 (4th Cir. 2001) (USERRA prohibits discrimination on account of service)
- Francis v. Booz, Allen & Hamilton, Inc., 452 F.3d 299 (4th Cir. 2006) (§ 4312 protects rehiring act but not subsequent termination; § 4311 and § 4316 address post‑reemployment protections)
- Petty v. Metro. Gov’t of Nashville‑Davidson Cty., 538 F.3d 431 (6th Cir. 2008) (sections 4312 and 4313 framework for reemployment rights)
- Crinkley v. Holiday Inns, Inc., 844 F.2d 156 (4th Cir. 1988) (expert testimony generally required to prove medical causation)
- Lucas v. Burnley, IV, 879 F.2d 1240 (4th Cir. 1989) (parties are bound by admissions in their pleadings)