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Carder v. Continental Airlines, 5th Cir., No. 10-20105, March 22, 2011

Articles Discussing Case:

The USERRA does not provide a claim for hostile work environment.

Ogletree Deakins • March 28, 2011
The Uniformed Services Employment and Reemployment Rights Act (USERRA) was enacted to prohibit civilian employers from discriminating against employees engaged in military service, and states that employees who perform military service “shall not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment” on the basis of that service. In a case of first impression, the 5th U.S. Circuit Court of Appeals has held that the language of the statute does not create a cause of action for “hostile work environment” against military service members.