The individual has the burden of proving that a status or activity protected by USERRA was one of the reasons that the employer took action against him or her, in order to establish that the action was discrimination or retaliation in violation of USERRA. If the individual succeeds in proving that the status or activity protected by USERRA was one of the reasons the employer took action against him or her, the employer has the burden to prove the affirmative defense that it would have taken the action anyway.
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20 CFR 1002.22 : Employees' Benefits (§ 1.1 To Parts 1011-1099) — (Part 657 To Parts 1011-1099) — Office Of The Assistant Secretary For Veterans' Employment And Training Service, Department Of Labor (Part 1000 To Parts 1011-1099) — Regulations Under The Uniformed Services Employment And Reemployment Rights Act Of 1994 (§ 1002.1 To Appendix To Part 1002) — Anti-Discrimination And Anti-Retaliation (§ 1002.18 To § 1002.23) — Protection From Employer Discrimination And Retaliation (§ 1002.18 To § 1002.23) — Who has the burden of proving discrimination or retaliation in violation of USERRA?
4 Aug 2016