Bryant v. Merit Systems Protection Board

Petitioners, employed by the Office of Air and Marine (OAM), within the Department of Homeland Security, alleged that the agency’s actions and policies violated the Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. 4301–4335. They were members of the Air Force and Navy Reserves. They subsequently resigned, claiming that they were “forced to quit.” An administrative judge (AJ) rejected Petitioners’ contention that the OAM violated USERRA by failing to grant them waivers from participating in training courses that conflicted with their military service dates, creating a hostile work environment, forcing them to surrender their badges and weapons during military leaves of 30 or more days, delaying within-grade pay increases, and requiring them to use annual, sick, or other leave in lieu of military leave. The AJ found “a legitimate basis for the [Agency’s] security policy,” and an “absence of any evidence that its [weapons] policy was adopted with discriminatory intent.” Allegedly hostile incidents were either “‘unavoidable’ workplace friction” or did not rise to the level of “humiliating,” “physically threatening,” or “so frequent and pervasive” to render their work environment hostile. They later filed a second complaint, alleging constructive discharge. The AJ, the Merit Systems Protection Board, and the Federal Circuit agreed that the constructive discharge claims were barred by collateral estoppel as “inextricably linked” to their previous hostile work environment claims. The standard for establishing constructive discharge is higher than that for hostile work environment, View "Bryant v. Merit Systems Protection Board" on Justia Law