United States Federal Circuit

In actions based on asserted discriminatory treatment under the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 USC 4301-4333, employees must make an initial showing that prior military status was at least a motivating or substantial factor in the agency action.

Appellate Information

• Decided 02/13/2001
• Published 02/13/2001

Judges

• PAULINE NEWMAN, Circuit Judge., Before NEWMAN, MICHEL, and GAJARSA, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Ronald J. Fahrenbacher, of Kansasville, WI, pro se., Patrick J. Sheehan, of Pleasant Prairie, WI, pro se.


• For Appellees:
  
• James H. Holl, III, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, for respondent.   With him on the brief were David M. Cohen, Director;  and Deborah A. Bynum, Assistant Director.   Of counsel was Catherine Donovan, Counsel, Office of the Assistant General Counsel, Human Resources Operations Center, Department of the Navy, of Washington, DC.