USERRA Requires An Employer To Treat An Employee On Military Service The Same As An Employee On Leave For Another Reason - But It Does Not Require An Accommodation
SANDOVAL v. CITY OF CHICAGO (March 30, 2009)
Juan Sandoval and Sidney Pennix were Chicago police officers. They were also in the military reserve and on active duty in El Salvador and Iraq, respectively. When Chicago scheduled the examination for candidates for sergeant, Sandoval and Pennix requested an opportunity sit for the test. Chicago accommodated their requests by offering them the opportunity to take the test in, respectively, San Salvador and Frankfurt. They both took the test, passed and were placed on the eligibility list. They then filed suit pursuant to the Uniformed Services Employment and Reemployment Rights Act (“USERRA”). They both allege that they should have been offered locations closer to where they were stationed and also seek compensation for the transportation cost to the testing locations. The district court granted summary judgment to the City of Chicago. Sandoval and Pennix appeal.
In their opinion, Chief Judge Easterbrook and Judges Kanne and Evans affirmed. The Court focused on the language of USERRA. It provides that a person serving in the military may not be denied a benefit of employment because of that service. In other words, said the Court, the Act requires an employer to treat persons on active duty the same as other employees. Here, Sandoval and Pennix seek an accommodation - not equal treatment. Chicago treated Sandoval and Pennix the same as it would have treated any other employee who was on leave for a non-military reason. The City did not violate USERRA.
Michael Rigney practices in the law offices of GVC Ltd. in Chicago. In this blog, he reports on select