USERRA Discrimination - Including "Same Decision" Defense

• Category: Federal - Jury Instructions - 11th Circuit - Civil
• State: Multi-State
• Control #: US-JURY-11THCIR-4-18
• Format: Word

Description

Pattern Jury Instructions from the 11th Circuit Federal Court of Appeals. For more information and to use the online Instruction builder please visit http://www.ca11.uscourts.gov/pattern-jury-instructions SERRA Discrimination — Including "Same Decision" Defense is a type of discrimination that is prohibited by the Uniformed Services Employment and Reemployment Rights Act (SERRA). The law protects the rights of individuals who serve in the military or are members of the National Guard or Reserve forces. SERRA discrimination may include any adverse employment action taken against an employee because of his or her service in the military. Such actions include failure to hire, discharge, or demotion due to military service. The “Same Decision” defense is an affirmative defense offered by employers against SERRA discrimination claims. This defense allows an employer to argue that an employee’s military service was not the cause of an adverse employment action, but rather a legitimate factor unrelated to the service. To prevail on the defense, the employer must show that the same decision would have been taken in the absence of the employee’s military service. The typeFerraraRA discrimination — Including "Same Decision" Defense are: failure to hire, discharge, demotion, or any other adverse employment action taken against an employee due to their service in the military.

SERRA Discrimination — Including "Same Decision" Defense is a type of discrimination that is prohibited by the Uniformed Services Employment and Reemployment Rights Act (SERRA). The law protects the rights of individuals who serve in the military or are members of the National Guard or Reserve forces. SERRA discrimination may include any adverse employment action taken against an employee because of his or her service in the military. Such actions include failure to hire, discharge, or demotion due to military service. The “Same Decision” defense is an affirmative defense offered by employers against SERRA discrimination claims. This defense allows an employer to argue that an employee’s military service was not the cause of an adverse employment action, but rather a legitimate factor unrelated to the service. To prevail on the defense, the employer must show that the same decision would have been taken in the absence of the employee’s military service. The typeFerraraRA discrimination — Including "Same Decision" Defense are: failure to hire, discharge, demotion, or any other adverse employment action taken against an employee due to their service in the military.