Darek J. Kitlinski, et ux. v. Department of Justice, et al.

I. Whether, to shift the burden of proof to the employer in a Uniformed Services Employment and Reemployment Rights Act (USERRA) case, the employee must prove simply that protected status or activity was a motivating factor—as provided in USERRA’s text—or instead, as required by several circuits, including the Fourth Circuit, prove that the employer had hostility to military service or an undefined “discriminatory animus.” II. Whether a federal employee’s right to retained counsel includes having that counsel present when that employee has pending litigation against their federal employer and when the employer conducts an interview of the employee that a reasonable person would believe related back to the pending litigation.