Takeaway: An employer may defend itself from a constructive discharge claim brought under the Uniformed Services Employment and Reemployment Rights Act by using the mixed-motive defense.
A middle school assistant principal could not establish constructive discharge under the Uniformed Services Employment and Reemployment Rights Act (userra) because a jury ruled that his employer would have acted in the same way even if it had not taken his military service and protected activity into account. While the plaintiff argued that the mixed-motive defense was not available in a constructive discharge claim, the 5th U.S. Circuit Court of Appeals disagreed.
Spring Independent School District (Spring ISD) employed the plaintiff from August 2013 until July 2019, first as a teacher and later, beginning with the 2016 school year, as an assistant principal at Dueitt Middle School. During this time, the plaintiff was in the Army Reserve and took leave to fulfill his military duties.
In November 2018, the plaintiff was called to a meeting with Dueitt's principal and Spring ISD's assistant superintendent for middle schools. The assistant superintendent testified that the meeting was to discuss the plaintiff's professional judgment, complaints about him from parents and other performance issues. The plaintiff recorded part of the meeting, during which the assistant superintendent asked him how he would manage his work responsibilities so that he did not "screw over" his colleagues because...
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