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USERRA retaliation rules mirror those in Title VII

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in Employment Law,Human Resources

The Uniformed Services Employment and Reemployment Rights Act (USERRA) provides job protection for employees who serve in the military and prohibits retaliation against anyone—including co-workers—who participates in an investigation or proceeding to enforce the law. But petty aggravations aren’t retaliatory.

Recent case: Mike Amendola and a co-worker testified in another co-worker’s USERRA case. They both claimed that their supervisor retaliated by being rude, threatening to take away their cell phone privileges and generally became difficult to work for.

The court rejected their argument that USERRA prohibits even minor forms of retaliation, concluding instead that the same test used in Title VII retaliation cases applies—retaliation is anything that would dissuade a reasonable employee from helping in a discrimination or harassment case. That doesn’t cover minor annoyances. (Amendola, et al., v. Mayo Foundation, No. 08-6231, DC MN, 2010)

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