California Correctional Peace Officers Association v. Department of Corrections and Rehabilitation
C.A. 3rd; C078723 The Third Appellate District reversed a judgment. The court held that a state employee’s claim of discrimination due to military…
September 11, 2017 at 06:29 PM
4 minute read
C.A. 3rd;
C078723
The Third Appellate District reversed a judgment. The court held that a state employee's claim of discrimination due to military service was not within the exclusive jurisdiction of the State Personnel Board (SPB).
Sammie Gardner applied for a position with the California Department of Corrections and Rehabilitation (CDCR) in 2000 while he was on active duty with the U.S. Air Force. Gardner received two job offers from CDCR and began separation from service in about August 2001. Following 9/11, Gardner was reinstated to active duty and was unable to report to CDCR for a scheduled training academy. Gardner was released from duty in December 2002 and reported to CDCR. He was told there was a hiring freeze in effect and that he would need to reapply. CDCR did not hire Gardner until 2005. The California Correctional Peace Officers Association (POA) filed a grievance against CDCR on behalf of Gardner, alleging discrimination based on military status in violation of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). The Department of Personnel Administration (DPA) granted the grievance.
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