Carroll v. Delaware River Port Auth. — civil / employment-discrimination — remand — Fuentes
The federal Uniformed Services Employment and Reemployment Rights Act generally bars employment discrimination on the basis of military service. The Third Circuit today held that plaintiffs in failure-to-promote discrimination suits under USERRA need not plead or prove they were objectively qualified for the promotions. Defendants can assert lack of qualification as a non-discriminatory-justification defense.
Joining Fuentes were Ambro and Shwartz. The case was decided without oral argument.