Thomas P. Harwood, III v. American Airlines, Inc.

I. Does 38 U.S.C. § 4312, consistent with USERRA’s literal language, entitle a disabled service member, who meets all the conditions specified in § 4312, to prompt reemployment in the escalator position he or she would have attained but for uniformed service and help to become qualified to perform the duties of his or her escalator position at no cost to the service member, OR can the employer determine, prior to reemployment, that the service member is not qualified and therefore not entitled to the escalator position he or she would have attained but for uniformed service, not entitled to any help to become qualified, and that the disabled service member must pay the expenses to become qualified? II. Where an employer fails to place the returning service member into the escalator position, does 38 U.S.C. § 4313 require specificity in a job offer, as held by several circuits, or does an employer comply with USERRA where it provides a vague offer, as held by the Fourth Circuit?