Benefits July 25, 2006

Court Throws Out USERRA Hiring Suit

July 25, 2006 (PLANSPONSOR.com) - A National Guard member who alleged that an Illinois company discriminated against him by not hiring him because of his military service has lost his bid to sue.
Reported by

US District Judge J. Phil Gilbert of the US District Court for the Southern District of Illinois decided that plaintiff Chad Easton failed to present even a basic case to back his allegations that the Continental Tire North America (CTNA) of Mount Vernon, Illinois, violated the Uniformed Services Employment and Reemployment Rights Act (USERRA).

Easton ‘s lawsuit charged that Don Gass, a representative of the company, had violated his USERRA rights, which bar hiring discrimination against members of the military services.

In his decision, Gilbert asserted Continental “convinced the Court that there is no genuine issue of material fact as to the reasons for its decision not to hire Easton. Simply put, the record could not lead a reasonable juror to find for Easton.”

The case is E aston v. Continental Tire North America, U.S. District Court for the Southern District of Illinois, No. 05-CV-4039-JPG (4/17/06).

More information about USERRA can be found here .

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