3rd Circuit: Proof Of Qualifications Not Needed To Meet Initial USERRA Burden

Mealey's (January 3, 2017, 11:50 AM EST) -- PHILADELPHIA — A plaintiff bringing suit under the Uniformed Services Employment and Reemployment Rights Act (USERRA) does not need to plead or prove that he or she is objectively qualified for the position being sought in order to meet the initial burden under the Act, a Third Circuit U.S. Court of Appeals panel ruled Dec. 12 (Anthony J. Carroll v. Delaware River Port Authority, No. 16-2492, 3rd Cir.; 2016 U.S. App. LEXIS 21993)....

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