Petty v. Metropolitan Gov't of Nashville & Davidson County

Strayer University
Business Employment Law
HRM 510
November 07, 2011

Petty v. Metropolitan Gov't of Nashville & Davidson County
What were the legal issues of this case?
The legal issues of this case are the employee is filing suit alleging racial discrimination under disparate treatment and disparate impact. Disparate treatment is intentional unequal treatment based on protected class characteristics that results in the limitation or denial of employment opportunity. Employer of any size prohibited from discrimination against people who are members of, or have obligations to serve in a uniform military service under the uniformed services Employment and Reemployment rights Act ( USERRA).
Explain how the r reemployment provisions of the USERRA were violated in this case?
Under the provisions of USERRA reemployment must occur within two weeks of the employee’s application for reemployment. However, Metro return-to-work process took three weeks to rehire. Petty’s complaint alleged that Metro violated his rights under USERRA in that: (1) Metro delayed rehiring him for the purpose of subjecting to the department return-to-work process; (2) Metro did not properly rehire him because he was not placed in the position to which he was entitled; (3) Metro impermissibly denied him the ability to work off duty security jobs.
Explain why the court concludes that Petty has a claim for discrimination under USERRA.
USERRA performed four key functions in this case that concluded a claim of discrimination. (1) It guaranteed returning veterans a right of reemployment after military service; however this should have occurred within two weeks, but took three weeks. (2) It prescribes the position to which such veterans are entitled upon their return never the less, Petty did not receive his former