Complete Defense Verdict Following Trial of USERRA Claims
An employee of our client, the South Carolina Department of Health & Environmental Control, sued in South Carolina federal court alleging state and federal claims of discrimination based on race/color, gender and age, along with retaliation. Additionally, the plaintiff alleged that she was denied a promotion four times based on her military service in violation of USERRA. We moved to dismiss the plaintiff’s age discrimination claim and our motion was granted. The court later dismissed the plaintiff’s race and gender discrimination claims, as well as her allegation of retaliation. The court, however, found that it lacked subject matter jurisdiction over the plaintiff’s USERRA claims because they were claims brought by a state employee against a state agency. Those claims were remanded to state court. The state court dismissed two of the plaintiff’s four USERRA claims. The remaining two claims were tried before a jury over five days. At the completion of the trial the jury deliberated for less than four hours before returning a complete defense verdict.