Statutory Interpretation – Uniformed Service Members Employment and Reemployment Rights Act

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7^th Circuit Court of Appeals

Case Name: David Mueller v. City of Joliet, et al.

Case No.: 18-3609

Officials: WOOD, Chief Judge, and BAUER and BRENNAN, Circuit Judges.

Focus: Statutory Interpretation – Uniformed Service Members Employment and Reemployment Rights Act

Sergeant David Mueller took a leave of absence from the City of Joliet Police Department to report for active duty in the Illinois National Guard Counterdrug Task Force. When the Joliet Police Department placed him on unpaid leave, Mueller resigned from his National Guard position and sued the City of Joliet and his supervisors for employment discrimination. The issue on appeal is whether the Uniformed Service Members Employment and Reemployment Rights Act (“USERRA”), which prohibits discrimination against those in “service in a uniformed service,” protects Mueller’s National Guard duty.

Mueller sued under USERRA, claiming that the Joliet Police Department’s denial of compensation and benefits while he was on National Guard duty amounted to illegal, anti-military discrimination. The defendants moved to dismiss the complaint, arguing that his National Guard counterdrug duty was authorized under Illinois law and not covered by USERRA. The district court judge agreed and granted the defendants’ motion to dismiss. Mueller appeals and argues that “service in the uniformed services” explicitly covers full-time National Guard duty, including counterdrug activities under 32 U.S.C. §§ 112 and 502(f). We find that the plain language of USERRA covers Title 32 full-time National Guard duty and reverse the district court’s dismissal.

Reversed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.