Petty v. Metro. Gov't of Nashvlle & Davidson Cty., No. 10-6013 (6th Cir. 2012)Annotate this Case
The Uniformed Services Employment and Reemployment Rights Act guarantees returning veterans reemployment with their former employers and prohibits employers from discriminating against veterans based on their military service, 38 U.S.C. 4301–4335. Petty claimed that Metropolitan Government of Nashville-Davidson County violated USERRA in its treatment of him after he returned to Metro’s police department from active duty in the U.S. Army: Metro failed to restore him to his former position of patrol sergeant and discriminated against him on the basis of his military service. Metro had declined to reinstate him because of his alleged dishonesty concerning his military discipline history. Following remand, the district court granted summary judgment in favor of Petty on his reemployment claims and ordered Metro to reinstate him to his former position as a patrol sergeant; the court awarded Petty back pay and partial liquidated damages on his reemployment claims and ruled in his favor on his discrimination claim. The Sixth Circuit affirmed, noting that Metro was on notice of its obligation to reinstate Petty, but never did so.