Detective Mark Thomas, a U.S. Army reservist employed by the Broward County Sheriff’s Office (BSO), filed suit alleging a hostile work environment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). He asserted that his supervisors subjected him to repeated and escalating mistreatment because of his military service.
Thomas began working as a detective in 2011. Between 2014 and 2018, he reported being subjected to offensive comments and behavior by two supervising sergeants. These included being called names such as "GI Joe" and being accused of using his military obligations to avoid work. He also alleged that one supervisor challenged his loyalty and mocked him for scheduling drills during work hours. Thomas eventually transferred to another unit, but later returned under the same leadership.
In 2018, the situation worsened. One sergeant confronted him over military leave paperwork, used profanity, and physically blocked his exit from a room. Thomas reported the incident to internal affairs and was transferred again.
Thomas filed suit under USERRA in 2020. The district court granted summary judgment to BSO, concluding that USERRA did not recognize a hostile work environment claim. It also found that Thomas failed to meet the legal threshold for a severe or pervasive work environment.
On appeal, the Eleventh Circuit considered whether USERRA permits claims based on a hostile work environment. The court held that it does, aligning with how courts interpret Title VII. It reasoned that USERRA's broad protections against discrimination "with respect to employment" encompass claims where a service member is subjected to discriminatory harassment.
Applying Title VII standards, the court held that a hostile work environment claim under USERRA must show harassment based on military status that was sufficiently severe or pervasive to alter the conditions of employment.
The court determined that Thomas presented enough evidence for a reasonable jury to find a hostile environment. This included frequent derogatory remarks, ridicule, and the confrontation in 2018. Although not physically violent, the court found the conduct serious enough to preclude summary judgment.
However, the Eleventh Circuit affirmed the dismissal of Thomas’s constructive discharge claim, concluding that he failed to show that his working conditions were so intolerable that a reasonable person would feel compelled to resign.
The Eleventh Circuit reversed in part and affirmed in part. It reinstated Thomas’s hostile work environment claim under USERRA and remanded the case for further proceedings.
If you experienced workplace hostility or retaliation due to your military service, Whitcomb, Selinsky PC handles USERRA claims involving hostile work environments, discriminatory treatment, and denial of rights related to reserve duty. Reach out to schedule a consultation and learn how our team can assist with your case.