University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Brantner v. Total Logistic Control, Inc. EE-CA-0280
Docket / Court 5:07-cv-00391-SGL-JCR ( C.D. Cal. )
State/Territory California
Case Type(s) Equal Employment
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
On April 4, 2007, the U.S. Department of Justice ("D.O.J.") filed a lawsuit under the Uniformed Services Employment and Reemployment Rights Act of 1994,38 U.S.C. Section 4301 - 4333 against Total Logistic Control in the U.S. District Court of the Central Court of California on behalf of an employee ... read more >
On April 4, 2007, the U.S. Department of Justice ("D.O.J.") filed a lawsuit under the Uniformed Services Employment and Reemployment Rights Act of 1994,38 U.S.C. Section 4301 - 4333 against Total Logistic Control in the U.S. District Court of the Central Court of California on behalf of an employee who was also a member of the Air National Guard. The D.O.J. sought injunctive, monetary, and declaratory relief.

The employee enlisted in the California Air National Guard in 2001 and later applied for the Airmen's Leadership School while he was working for the defendant. The employee was accepted into the school in 2003 and gave verbal notice to the defendant of his intent to attend the school in March of 2003. The defendant asked the employee not to attend the school, however, the employee refused to comply with the demand. The defendant then asked the employee to resign from his position in April of 2003, but the employee refused. He was then told that he no longer worked for the defendant. The employee attended the school from April of 2003 until May of 2003. Upon his return, he requested his former job back and was told that he could not be reemployed. The D.O.J. alleges that the defendant violated USSERA by discriminating against the employee and by refusing to reemploy him.

On May 17, 2007, the district court (Judge Stephen G. Larson) entered a consent decree whereby the employee agreed not to pursue any further claims against defendant, and defendant in turn paid employee an undisclosed amount of money and reinstated him.

We have no further information on this case.

Janani Iyengar - 11/26/2007


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Defendant-type
Retailer
Discrimination-area
Accommodation / Leave
Discharge / Constructive Discharge / Layoff
Seniority
Discrimination-basis
Military status discrimination
General
Pattern or Practice
Plaintiff Type
U.S. Dept of Justice plaintiff
Causes of Action Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. ยง 4301
Defendant(s) Total Logistic Control, Inc.
Plaintiff Description U.S. Department of Justice on behalf of employee who joined the Air National Guard
Indexed Lawyer Organizations U.S. Dept. of Justice Civil Rights Division
Class action status sought No
Class action status granted No
Prevailing Party Mixed
Public Int. Lawyer Yes
Nature of Relief Damages
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year 2007
Case Ongoing No
Additional Resources
click to show/hide detail
Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
07-0391-SGL (C.D. Cal.) 05/17/2007
EE-CA-0280-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 04/04/2007
EE-CA-0280-0001.pdf | Detail
Stipulation to Entry of Settlement Agreement 05/17/2007
EE-CA-0280-0002.pdf | Detail
Judges Larson, Stephen G. (C.D. Cal.) [Magistrate]
EE-CA-0280-0002 | EE-CA-0280-9000
Rayburn, John Charles Jr. (C.D. Cal.) [Magistrate]
EE-CA-0280-9000
Monitors/Masters None on record
Plaintiff's Lawyers Gardner, Leslie M. (District of Columbia)
EE-CA-0280-0001 | EE-CA-0280-0002 | EE-CA-0280-9000
Palmer, David J. (District of Columbia)
EE-CA-0280-0001 | EE-CA-0280-0002 | EE-CA-0280-9000
Quintanilla, Victor D (District of Columbia)
EE-CA-0280-0001 | EE-CA-0280-0002
Roth, Christine M. (District of Columbia)
EE-CA-0280-0001 | EE-CA-0280-0002
Defendant's Lawyers Hughes, Kathy (Minnesota)
EE-CA-0280-0002
Other Lawyers None on record

- click to show/hide ALL -

new search
page permalink

- top of page -