Joe Whitcomb
Eric Clarkson, a commercial pilot and Air Force reservist, filed suit against Alaska Airlines, Inc. and Horizon Air Industries, Inc., alleging violations of the Uniformed Services Employment and Reemployment Rights Act (USERRA). Clarkson claimed the airlines failed to provide paid short-term military leave while offering pay for comparable non-military leaves, including jury duty, bereavement, and sick leave. Clarkson brought the case as a class action on behalf of similarly situated pilots.
Clarkson took short-term military leave from his employer multiple times between 2016 and 2020. He alleged that during these absences, the airlines unlawfully withheld paid leave benefits provided for other types of short absences. He sought relief under 38 U.S.C. § 4316(b), which requires that employees on military leave receive the same rights and benefits as comparable forms of non-military leave.
District court granted summary judgment to airline
The U.S. District Court for the Western District of Washington granted summary judgment in favor of the airlines. The court found that Clarkson failed to demonstrate that short-term military leave was comparable to other types of paid leave under the factors outlined by USERRA regulations.
The district court emphasized differences in duration, frequency, and control. It concluded that military leave was longer and less predictable than jury duty or bereavement leave, and that Clarkson lacked control over military service timing, which further distinguished it from other leaves.
Ninth Circuit reversed and remanded
On appeal, the Ninth Circuit reviewed whether the district court properly evaluated comparability under 20 C.F.R. § 1002.150. The court concluded that genuine disputes of material fact precluded summary judgment. It emphasized that comparability is fact-specific and requires evaluating the duration, purpose, and control associated with different types of leave.
The appellate court determined that Clarkson had presented sufficient evidence to support his claim that short-term military leave might be comparable to jury duty or bereavement leave. This included records showing the relative length and frequency of the leaves and evidence that the airlines paid for other short absences but not military leave.
The court held that a reasonable jury could find that the non-military leaves were comparable in purpose and duration and that Clarkson's control over leave timing was not determinative. It remanded the case for further proceedings.
Final outcome
The Ninth Circuit reversed the district court’s grant of summary judgment and remanded the case. The court held that Clarkson had presented a triable issue under USERRA concerning whether paid leave for non-military absences triggered an obligation to pay for comparable military leave.
Help with USERRA leave and discrimination issues
If your employer withheld benefits during military leave or treated you differently than peers on non-military leave, Whitcomb, Selinsky PC handles USERRA claims involving short-term military leave, benefit disparities, and reservist employment rights. Reach out to schedule a consultation and learn how our team can assist with your case.