United States Seventh Circuit

In an action brought under the Uniformed Services Employment and Reemployment Act, district court's grant of summary judgment for defendant is affirmed where: 1) the police department's rescission of work scheduling preferences for plaintiff and other National Guard employees did not violate the Act, as the work scheduling policy for Guard employees was strictly voluntary, and plaintiff has not claimed that any contract or other provision of law required the defendants to maintain the policy; and 2) plaintiff failed to establish a materially adverse employment action and suffered no actionable retaliation for voicing his opposition to the rescission of the work scheduling policy.

Appellate Information

• Argued 12/11/2008
• Decided 06/02/2009
• Published 06/02/2009

Judges

• TINDER, Circuit Judge., Before MANION, EVANS, and TINDER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• John T. Hundley (argued), Mt. Vernon, IL, for Plaintiff-Appellant.


• For Appellees:
  
• Anthony B. Byergo (argued), Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Kansas City, MO, for Defendants-Appellees.