Veterans Reemployment Act violated by denial of promotion

A registered nurse who worked for LA County for 18 years, and was also a Captain in the United States Army Reserve, was recalled to active military status to serve in Desert Storm. She spent several months on active duty, and then took a three month leave of absence as allowed per policy. 21 days after returning to work, she applied for a newly-opened position as a "Program Specialist, Public Health Nurse." Her supervisor gave her a failing score.

Other employees heard the supervisor make negative comments about her being away on military service. The Court found there was sufficient evidence to go forward with a claim that the employer violated the Veterans' Reemployment Rights Act, 38 U.S.C. 2021(b)(3) and 2024(b), which provides:

[a]ny person [employed by a State, or political subdivision thereof] shall not be denied hiring, retention in employment, or any promotion or other incident or advantage of employment because of any obligation as a member of a Reserve component of the Armed Forces.

TARIN v. COUNTY OF LOS ANGELES,
___F4th___, 97 CDOS 6897 (9th Cir., August 27, 1997)

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