Assignment #3 Petty v. Metropolitan Govt of Nashville & Davidson Research Paper

Assignment #3 Petty v. Metropolitan Govt of Nashville & Davidson County - Research Paper Example As is specified by Mollica (2008), at the heart of this, the principal dispute in this case is whether or not Metro had violated USERRA, in its handling or treatment of Petty. Petty had left the department for active duty with the United States Army and sought redeployment with the department after the completion of his military service. There are four key functions that USERRA performs. These include: the guaranteeing returning veterans the right of re-employment after military service; preventing employers from discriminating against returning veterans, in relation to their military service; prescribing the position to which army veterans are entitled upon their return; and preventing employers from firing returning veterans arbitrarily, within a year of reemployment. In light of the four functions, it is right to state that USERRA exists to consolidate the rights of returning veterans who are seeking reemployment upon return from service. However, even in light of the foregoing, Metro delayed re-hiring Petty by subjecting her through the entire return-to-work process. Secondly, Metro violated the reemployment provisions of USERRA by not according Petty the position he had been qualified for. The Court made a conclusion that Petty’s claim for discrimination under USERRA was legitimate and founded on truth because he had satisfied all the stipulations for the reinstatement. Again, the court continued that Petty’s petition for reemployment was made in a timely manner, and his discharge done honorably. In the USERRA lawsuit, Petty had cogently argued that the department had unlawfully delayed his reemployment and declined to restore him [Petty] to his patrol sergeant’s position. This was discriminatory against Petty, by virtue of his military service record. The argument by the department that it was merely observing uniform fitness for duty procedures which Nashville and the surrounding county did not suffice in the court. Metro