753 F.3d 740
8th Cir.2014Background
- Dorris, a member of the Arkansas Army National Guard, was deployed to Iraq and later fired by TXD while on long-term military leave.
- TXD sold substantially all assets to Foxxe Energy Holdings in February 2008 and did not place Dorris on Foxxe’s personnel list.
- Foxxe’s contract required listing TXD personnel deemed qualified to operate/ manage the assets; Foxxe could offer employment at its discretion.
- Dorris learned post-sale that Foxxe hired most former TXD employees and that no unemployment claims were made against TXD after the sale.
- TXD’s COBRA notice labeled his termination as a “termination of employment,” and Dorris contends he was not fired but terminated, a dispute central to the case.
- The district court granted summary judgment on USERRA §4312 reemployment claims and found no §4311(a) violation based on absence from the Foxxe list; on appeal, the court reverses regarding the §4311(a) claim only.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether TXD violated USERRA §4311(a) and §4316(b)(1) by omitting Dorris from Foxxe’s personnel list. | Dorris argues the list was a non-seniority benefit and exclusion was discriminatory. | TXD contends the list was not a beneficiary benefit and Dorris’s absence was not actionable. | Yes for summary judgment reversal on this claim. |
| Who bears the burden of proof regarding whether the absence of Dorris from the list was discriminatory. | Dorris claims burden on TXD to show action would occur without military service. | TXD argues plaintiff bears burden to show lack of similar treatment. | Burden shifts to TXD if list is a benefit not determined by seniority; record remanded for fact-finding. |
Key Cases Cited
- Lisdahl v. Mayo Found., 633 F.3d 712 (8th Cir. 2011) (broad construction of USERRA benefits in military leave)
- Monroe v. Standard Oil Co., 452 U.S. 549 (Supreme Court) (interpreting related depot of accommodation vs. equal treatment)
- Rogers v. City of San Antonio, 392 F.3d 758 (5th Cir. 2004) (equal-treatment standard for non-seniority benefits)
- Crews v. City of Mt. Vernon, 567 F.3d 860 (7th Cir. 2009) (equal-treatment principle under USERRA §4316(b)(1))
- Tully v. Dep’t of Justice, 481 F.3d 1367 (Fed. Cir. 2007) (equal-treatment vs. accommodation in military leave)
- Maxfield v. Cintas Corp. No. 2, 427 F.3d 544 (8th Cir. 2005) (burden allocation under USERRA §4311(a) and §4316(b)(1))
- NLRB v. Mastro Plastics Corp., 354 F.2d 170 (2d Cir. 1965) (burden-shifting analogy in USERRA context)