"When Johnny Comes Marching Home Again", Will He Be Welcome at Work?

Abstract

This article will address the underlying issues that are critical to any legal analysis of hostile environment claims. Part II outlines the history of USERRA and provides a basic framework for the protections it affords to veterans. Part III traces the evolution of the hostile work environment claim through its development under Title VII of the Civil Rights Act. Part IV examines the unsettled landscape of hostile work environment claims brought under USERRA and the various approaches taken by different federal courts. Part V argues that these causes of action should be unequivocally recognized by courts because the availability of these claims is entirely consistent, not only with other anti-discrimination statutes, but also with the explicit intent and underlying rationales of Congress. Finally, Part VI concludes the discussion.