Belaustegui v. International Longshore & Warehouse Union, 2022 WL 2036385 (9th Cir. 2022)

Leon Belaustegui left his job as an entry-level longshore worker to enlist in the U.S. Air Force. After nine years of active duty in the Air Force, he returned to work as a longshoreman and requested a promotion to the position he claims he likely would have attained if he had not served in the military. When his employer denied the request, he filed suit alleging discrimination under the Uniformed Services Employment and Reemployment Rights Act (“USERRA”). The district court granted the employer’s motion for summary judgment, but the Ninth Circuit reversed, holding that hours credits and elevation rights set forth in a collective bargaining agreement qualify as “benefits of employment” protected under USERRA.