The plaintiff is a police officer who was also in the Army Reserve. He was informed in October 2003 that he was being deployed to Iraq. He told the police department on the same day. While in Iraq, the plaintiff was caught manufacturing alcohol (homemade wine). He was charged with conduct unbecoming of an officer and offered to resign his commission “for the good of the service.” This offer was accepted, the charges were dropped, and he received an honorable discharge. The plaintiff then requested reinstatement to the police department. The return-to-work process included a questionnaire which asked about any arrests or charges during the period of leave. The plaintiff admitted to having faced charges, but did not specify the exact nature of his activities. The plaintiff did not receive any salary or benefits for the approximately three week period during which his fitness for reinstatement was being considered. He was then reinstated, but to a position that primarily entailed answering phone calls from the public. A subsequent internal investigation into whether the plaintiff had answered truthfully in his application for reinstatement was initially concluded in favor of the plaintiff. However, a further investigation concluded that he had altered a Defense Department form related to his discharge by photocopying it in a manner that excluded a box referring to his separation being “in lieu of trial by court martial.” The plaintiff was retained, but continued to be assigned to answering calls from the public and his request for permission to perform off-duty security work was denied.

1. What were the legal issues in this case? What did the court decide?

2. How were the reemployment provisions of the USERRA violated in this case? 

3. Was the plaintiff still qualified to be a police officer? Wasn’t the department justified in being concerned about possible misconduct that occurred while the officer was in Iraq?

4. Why does the court conclude that he has a claim for discrimination under USERRA? How does a discrimination claim under USERRA differ from a re-employment claim?

5. What should the police department have done differently?