673 F.3d 1320
11th Cir.2012Background
- US sued ADMH under USERRA for failing to rehire Roy Hamilton after Iraq service with the Alabama National Guard.
- District court denied ADMH’s sovereign-immunity defense and later found USERRA violations and awarded over $25,000 in wages/benefits.
- Hamilton worked at Tarwater Developmental Center from 1987 to 2003; deployment began December 2003; Tarwater closed January 15, 2004.
- Hamilton attempted to reemploy after honorably leaving for service; ADMH delayed and eventually could not locate records; he was later reemployed in August 2007 at a Montgomery hospital.
- USERRA requires prompt reemployment and, if eligible, the employer must offer the position or one of like seniority/pay.
- Court held sovereign immunity does not bar the action and that ADMH violated USERRA and owes damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sovereign immunity bars the USERRA action | DOJ may sue for USERRA enforcement | States cannot be sued without consent | No; sovereign immunity does not bar the suit |
| Whether ADMH violated USERRA by not promptly rehiring Hamilton | Hamilton was entitled to reemployment after service | His absence was not due to service or he resigned | Yes; district court properly found USERRA violation |
| Whether damages for lost wages/benefits were proper | Employer must pay losses when it fails to rehire | Employee must show he would have accepted the offer | Damages proper; employer offered no position and damages awarded |
Key Cases Cited
- Alden v. Maine, 527 U.S. 706 (1999) (federal interest to enforce rights against states; Eleventh Amendment context)
- Seminole Tribe of Florida v. Florida, 517 U.S. 44 (1996) (Congress may authorize suit against states in federal court to enforce federal law)
- New Hampshire v. Louisiana, 108 U.S. 76 (1883) (substance over form in determining plaintiff; state immunity if not independent beneficiary)
- Chao v. Va. Dept. of Transp., 291 F.3d 276 (2002) (federal government may enforce federal law against states via victim-specific relief)
- Lapine v. Wellesley, 304 F.3d 90 (2002) (motives mixed; presence of military service supports USERRA reemployment rights)