Under Uniformed Services Employment and Reemployment Rights Act, employee must show that military service was at least “a motivating or substantial factor” in adverse employment decision, rather than “sole motivating factor”; employer then bears burden to establish lack of pretext (considering issue as matter of first impression, and distinguishing burden-shifting USERRA scheme from three-prong framework).
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Posted on Friday, January 26th, 2007. Filed under: Employment, Law Misc
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