Petty V. Metropolitan Gov't of Nashville & Davidson County 
Petty v. Metropolitan Gov 't of Nashville & Davidson County
Lisa Mitchell
Business Employment Law – HRM 510
Dr. Zelphia Brown
May 19, 2013
1. What were the legal issues in this case?
The legal issues in this case involved the treatments of Petty, a former Police Officer who left the Metro Police Department for active duty with the United States Army. Upon his request to be reinstated, Petty was not placed in his original position as a patrol sergeant or a similar position based on the completion of the return-to-work form n which he did not disclose all the facts regarding his discharge status. The police department return-to-work process is a policy that is required for all officers to complete if they were away for an extended period of time no matter what the reason for their separation. One of the questions on the personal history questionnaire Plaintiff filled out during the return-to-work process asked: “During your absence were you arrested, charged, detained, or a suspect in any criminal action or military disciplinary action for any reason or do you have any action pending? If yes, explain in detail (use back if necessary).” Petty answered “Yes.” He also attached a narrative explanation of his response in which he admitted facing military charges in Kuwait. The narrative description did not disclose: (1) that Petty was accused of giving alcohol to an enlisted soldier; and (2) that Petty was accused of manufacturing alcohol. Since Petty did not mention facing military charges for manufacturing alcohol while in Kuwait, he was assigned to desk work. (Walsh, 2010, p.348) Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), as stated in chapter 11 page 346, employers are prohibited from discriminating against member who serves in uniformed military services. It also guarantees the return of a veteran right of reemployment after military service is required to return to their original position or a similar position.
Lisa Mitchell
Business Employment Law – HRM 510
Dr. Zelphia Brown
May 19, 2013
1. What were the legal issues in this case?
The legal issues in this case involved the treatments of Petty, a former Police Officer who left the Metro Police Department for active duty with the United States Army. Upon his request to be reinstated, Petty was not placed in his original position as a patrol sergeant or a similar position based on the completion of the return-to-work form n which he did not disclose all the facts regarding his discharge status. The police department return-to-work process is a policy that is required for all officers to complete if they were away for an extended period of time no matter what the reason for their separation. One of the questions on the personal history questionnaire Plaintiff filled out during the return-to-work process asked: “During your absence were you arrested, charged, detained, or a suspect in any criminal action or military disciplinary action for any reason or do you have any action pending? If yes, explain in detail (use back if necessary).” Petty answered “Yes.” He also attached a narrative explanation of his response in which he admitted facing military charges in Kuwait. The narrative description did not disclose: (1) that Petty was accused of giving alcohol to an enlisted soldier; and (2) that Petty was accused of manufacturing alcohol. Since Petty did not mention facing military charges for manufacturing alcohol while in Kuwait, he was assigned to desk work. (Walsh, 2010, p.348) Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), as stated in chapter 11 page 346, employers are prohibited from discriminating against member who serves in uniformed military services. It also guarantees the return of a veteran right of reemployment after military service is required to return to their original position or a similar position.
References: Lundin, M. (2006). Employment Rights Act Protects Employees on Military Leave. Inside Tucson Business, 16(5), 20. Retrieved from Master FILE Premier database. Walsh, D. J. (2010). Employment Law for Human Resource Practice: 2010 custom edition (3rd Ed.). Mason, OH: South-Western Cengage Learning. Wright, S. (2003). Discrimination in Hiring. Reserve Officers Association, 64. Retrieved May 11, 2010, from http://www.roa.org.