Francis v. Booz Allen Hamilton
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A federal appeals court laid down a favorable analytical approach for victims of discrimination based on their military service.
Summary of Filed Complaint
During the time of her employment with BAH, Cheryl Francis was also a petty officer in the United States Naval Reserves. As part of her military obligation, she was deployed on full-time active duty. When she returned from active duty, Francis went back to her position with BAH. However, her duties and work schedule were changed in ways that minimized her role and interfered with her obligations outside work.
What Happened in Court
The 4th Circuit applied a broad reading of the USERRA statute that, while insufficient to overcome the weaknesses of the Plaintiff’s case, nevertheless established an analytical framework that strengthens USERRA for employees who suffer discrimination or retaliation due to their military service.