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Hostile Workplace Claim Null Under USERRA: 5th Circ.

Law360 (March 22, 2011, 9:34 PM EDT) -- The Fifth Circuit on Tuesday ruled in a precedential opinion that the Uniformed Services Employment and Reemployment Rights Act does not provide service members with a cause of action against employers for a hostile work environment.

A three-judge panel of the U.S. Court of Appeals for the Fifth Circuit ruled that while the USERRA barred discrimination and reprisals from employers, the express language of the law did not provide for the types of harassment that would cover hostile work environment claims.

The decision affirmed a lower...
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