Military Obligation Not Reason For Job Denial, Says Jury

Obtained a defense verdict in the Eastern District of Pennsylvania in a seven day jury trial.  The case was brought by a Major in the Air Force Reserves who alleged that he was denied a position as a township manager because of his ongoing military reserve obligation.  Under the federal statute USERRA, the burden is on the plaintiff to show that the military obligation was a motivating factor in the decision not to hire.  The burden then shifts to the employer to show by a preponderance of the evidence that the applicant would not have been hired even without the military obligation.  The jury found that the plaintiff had carried his burden, but in answering yes to the second question on the Verdict Sheet, the jury found that the township had met its burden of showing that the applicant was not hired because there were more qualified candidates.  Defense witnesses included three candidates who were offered the job, but eventually turned it down, and the fourth candidate who is the current township manager.