UNIVERSITY PARK, Pa. – On Nov. 1, 2021, the Penn State Law in University Park Civil Rights Appellate Clinic filed a petition for a writ of certiorari with the Supreme Court of the United States in a case that seeks to clarify the rights afforded to servicemembers under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The formal docketing was delayed until the court granted the "Motion to Proceed as a Veteran," which the court granted on Dec. 6, 2021, and then formally docketed the case and requested a response from the Department of Justice by Jan. 5, 2022.
The petition specifically asks that the Supreme Court clarify what is required under USERRA for employment discrimination victims to present a prima facie case that military service was a “motivating factor” in an adverse employment action. The petition also asks the court to affirm the right of public employees challenging employment discrimination claims against their federal employer to have their lawyer present in an interview with said employer, when the lawyer is already retained, and adverse parties are on notice of the attorney-client relationship. Though the issues were complex, students were engaged and invested in the cause from start to finish. Clinic students involved on the case were Abhiskek Chauhan, Ashleigh Herrin, Gabrielle Tock, Julia Gentile, Meghan McGovern, Micaela Hyams, Nick Martiniano and Sidnee McDonald.
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