Wednesday, March 10, 2010

Standing to Complain of Harassment

The Alabama Employment Lawyer reports on a recent 11th Circuit decision in Dees v. Hyundai Motor Manufacturing Alabama, LLC, 2010 U.S. App. LEXIS 4064 (11th Cir. Feb. 26, 2010), in which the panel held that a former employee lacked standing to sue regarding harassment. Here is what the court said:

“Assuming without deciding that harassment or hostile work environment is a cognizable claim under USERRA, Dees lacks standing to bring such a claim. Dees admits that he has not suffered any lost wages or employment benefits resulting from the alleged harassment. Further, an injunction requiring HMMA to comply with USERRA would not benefit Dees as he is no longer an HMMA employee. While Dees relies on non-binding cases to establish that he can be granted "equitable relief," he only specifically mentions attorneys' fees. However, the statute provides for three specific remedies for USERRA violations and does not provide for other "equitable relief" or attorneys' fees. 38 U.S.C. § 4323(d)(1)(A)-(C). As such, Dees lacks standing to bring a USERRA harassment claim because he does not allege that he is entitled to any of the relief provided by USERRA. Accordingly, we affirm the district court's grant of HMMA's motion for summary judgment.”

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