In Crews v. City of Mt. Vernon, the Unites States Court of Appeals for the Seventh Circuit held today that an employer’s decision to rescind a policy giving National Guardsman preferential treatment with respect to scheduling did not violate USERRA. The Court concluded that because the policy was not an “employment benefit” that was available to all employees regardless of their military status, rescinding that benefit was not in violation of USERRA’s prohibition against denying an employee an “employment benefit” because of their military status. A copy of the decision can be read here.

If you would like additional information or guidance on workplace policies and the impact of the provisions of USERRA on employment decisions,  contact Eric W. Gunderson.