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week8replies.docx
week8replies.docx
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100 words reply each reply
530 d1 reply Daniel
To build and maintain community trust between Law enforcement and the community, there must be transparency and accountability. Trust between law enforcement personnel and the community may take months or even years to build. Maintaining trust is a continual collaborative effort that requires effort on both parties. Once misconduct occurs, the Internal Affairs function of the law enforcement agency becomes the primary method of reassuring the community that the police can and will aggressively address and resolve unethical behavior. How that agency handles that incident will Police Integrity is measure by properly handling the complaints filed by the community against its officers. Fair dealing will always dictate the level of community trust. Unfortunately, the ethical work of thousands of local law enforcement officers is easily undone by the actions of one unethical officer. Often, the indictment of one seems like an indictment of all.
There have been many databases created for the purpose of creating not just accountability but checks and balances. Its important for civilians to properly document negative interactions with law enforcement in a local police station and online, because it's possible one day that officer may do something that is more egregious and prosecutors, law firms, through proper requests, may have all that information accessible to them. Problems may arise when the general public makes false allegations against Police Officers, or Officers are exonerated of misconduct and the record still exists. Some databases don't report dispositions just allegations. Even where states have created misconduct tracking systems, they may not mandate reporting of dispositions. Indiana is one state that publishes names of officers disciplined but closes the broader database of investigations that don’t end in punishment. 50.org is a public accountability tool for tracking NYPD misconduct and officer records, serving as a resource for journalists, researchers, and the public seeking transparency in police conduct.
Reporting should be fair and impartial, if law enforcement personnel are going to be judge accordingly, then any "proven" false allegations should be judged equally. In events where officers were exonerated, it should be noted as well. When police reports are used in defamation cases, the lack of standardized, verifiable data can make it difficult to prove or disprove claims. Inaccurate or incomplete reports can be misinterpreted or misused, potentially leading to wrongful reputational harm to officers. Defamation claims against officers may be dismissed if the reports are deemed unreliable or inaccessible. Advocates recommend mandating that all misconduct investigations including those that result in no action be reported in a searchable, public format, with clear details on the nature of the complaint, the investigation, and the final disposition. This would align with transparency goals and help communities monitor law enforcement accountability.
References
Building Trust Between the Police and the Citizens They Serve: An Internal Affairs Promising Practices Guide for Local Law Enforcement https://portal.cops.usdoj.gov/resourcecenter/RIC/Publications/cops-w0724-pub.pdf
Cox, William (December 2022) "Police misconduct records secret, hard to access" https://gatewayjr.org/police-misconduct-records-secret-hard-to-access/
Guss, Dominick (October 21 2020) Problems with Police Reports as Data Sources: A Researchers Perspective https://www.frontiersin.org/journals/psychology/articles/10.3389/fpsyg.2020.582428/full
National Police Misconduct Database https://centerforjusticeresearch.org/research_briefs/national-police-misconduct-database/
530 d2 reply matthew
Requiring disclosure promotes transparency and public trust. Even if a complaint does not result in discipline, a history of repeated complaints may reveal patterns of behavior that warrant closer supervision or additional training. Prosecutors also have an ethical duty to disclose information that could affect an officer's credibility in criminal cases, especially if the complaints involve allegations of dishonesty or misconduct. Public access to complaint records can strengthen accountability and reinforce confidence in law enforcement agencies. However, disclosing exonerated complaints can unfairly damage an officer's reputation. Complaints may be frivolous, malicious, or unsupported by evidence and making them public could create a false impression that misconduct occurred (Galovic et al, 2016). Officers often work in high conflict environments where complaints are common, so requiring disclosure of every complaint could discourage proactive policing and negatively affect morale. And releasing unsubstantiated allegations raises privacy and due process concerns.
A more balanced approach would be appropriate. Complaints that have been fully investigated and determined to be unfounded or exonerated should be differentiated from substantiated findings of misconduct. Rather than disclosing all complaints, agencies should disclose complaints along with investigation outcomes ensuring that the public understands whether allegations were sustained or not sustained, unfounded, or exonerated (Arnold, 2025). This approach promotes accountability while protecting officers from being unfairly judged.
When considering privacy, defamation, or potential federal civil rights crimes/torts there must be a balance between transparency and accountability. Privacy issues arise when sensitive personal information about both officers and complainants is made public. The guide, Building Trust Between the Police and the Citizens They Serve (2009), recommends protecting confidential personnel records, witness statements, and any other investigative materials while still providing the public with enough information to demonstrate that complaints are taken seriously and investigated fully without unnecessary release of information. Defamation occurs when publicly releasing allegations before they have been fully investigated which can damage an officer's reputation especially if the allegations are unfounded or the officer is exonerated. This can be eliminated by distinguishing between allegations and sustained findings and ensuring that all facts are available. Potential federal civil rights crimes and civil torts may be identified during an internal affairs investigation. Identifying any misconduct that violated individual's constitutional rights may involve criminal charges and must be reported and turned over for possible prosecution.
Course Reference:
U. S. Department of Justice, Office of Community Oriented Policing Services. (2009). Building trust between the police and the citizens they serve: an internal affairs promising practices guide for local law enforcement. https://portal.cops.usdoj.gov/resourcecenter/ric/publications/cops-p170-pub.pdf
Other References:
Arnold, E. (2025). Police Misconduct: Combatting the Complicity Crisis. Journal of Criminal Law & Criminology, 115(1), 205-244,205A. https://proxy.ccis.edu/login?url=https://www.proquest.com/scholarly-journals/police-misconduct-combatting-complicity-crisis/docview/3229502766/se-2
Galovic, S., Birch, P., Vickers, M. H., & Kennedy, M. (2016). Procedural justice and frontline policing: the effects of the police complaints system. Journal of Forensic Practice, 18(3), 170-181. https://doi.org/10.1108/JFP-11-2015-0051
530 d2 reply Jamie
The Uniformed Services Employment and Reemployment Rights Act (USERRA) was passed in 1994 (“What Employers Need to Know”,2024).
According to Legal Clarity, USERRA act protects military members that are in the military part-time to help keep their job and whatever promotion they would have if they didn’t leave for military service. For a military member to use the USERRA act the person must have had:
1. The job to have started before their military service started
2. To notify the employer before the military leave that they will be out for service either written or verbal.
3. To stay within a five-year max capacity that the military member is allowed to leave their work for. This accumulates all absences for military leave. Although exemptions to this rule can be made for involuntary call-ups, required training, and emergency situations.
4. An honorable discharge from service when the service has ended.
Rules for returning to work from military leave. The military personnel must notify their employer upon returning and must start back at work within:
1. The scheduled next calendar day after allowing travel time home plus another 8 hours of rest, if the service lasted 1-30 days.
2. 14 days and submit an application for the employer, for military service that lasted from 31-180 days.
3. 90 days and submit an application for the employer, for military service that was over 180 days.
Just like my favorite card game called Munchkin Bad stuff to the employer if not followed by these rules.
First the employee must file a complaint with the veteran employment and training services which is apart of the U.S. Dept. of Labor. If an agreement is not met the employer can be sued for up to 50, 000 dollars and then would be liable for any legal cost that the military employee may have spent on the case. Including the wages the employee would have been expected to have lost as well as any promotion and up a 3% increase of pay upon reinstatement of their job. The 2025 Dole Act also prohibits any retaliation the employee might face from the employer (Legalclarity, 2026).
Employers have the right to ask for paperwork of the service if it was over 30 days. While awaiting for the paperwork the employer must allow the employee to work.
I personally know a friend and former co-worker that worked full time and in the military part time. I interviewed him for this assignment. He told me that whenever he got his assignment agenda from the military he would give it to HR of the employer we worked for. He said he never had any issues with it and the employer never asked any questions (Charlescraft, 2026) . Low key I was hoping for a conflict and to see how he handles the situation but instead I got the opposite. This friend changed many job positions often at the facility I worked for so I assumed their would be a different answer.
However, I did find a case law of Quiles v. Union Pacific Railroad Co., Inc., No. 19-3489. In this case, Quiles who returned from military duty was put into another position than his peers that he started with and into a lower-level position. Doing this violated the USERRA act specifically the escalator principle. This principle guarantees the position you would have had if you had not left for service. So, if your co-workers had seniority bumps, raises, or promotions you would be entitled to the same. The Railroad got rid of Quiles position all together when he was on leave and created a whole new management position and responsibilities. In order to be at the management level you had to have 5 years of experience. Because of Quiles military time off he didn’t have that. Despite all of this Quiles lost this case because the court improperly allowed this case to be heard and that Quiles would not qualify under this act because he failed to meet their new requirement for the upper position. The escalator principle specifies that the employer must grant the upper mobility upon the duties the person is qualified to perform (Eighth Circuit, 2021).
Works Cited
Charlescraft, Charlie. USERRA. 22 June 2026.
Eighth Circuit. “Rodolfo Quiles v. Union Pacific Railroad Company.” Counsel Stack, Counsel Stack, Inc., 6 July 2021, law.counselstack.com/opinion/rodolfo-quiles-v-union-pacific-railroad-company-ca8-2021. Accessed 23 June 2026.
https://members.employerscouncil.org/people/chris-rotar. “USERRA: What Employers Need to Know.” Employerscouncil.org, 2 May 2024, members.employerscouncil.org/blogs/ivy-voss/2024/05/02/userra-what-employers-need-to-know. Accessed 23 June 2026.
“USERRA Return to Work: Rights, Deadlines, and Protections.” LegalClarity, 4 June 2026, legalclarity.org/userra-return-to-work-rights-deadlines-and-protections/. Accessed 23 June 2026.
530 d2 reply aalia
The video, USERRA Post-Deployment discussed that the Uniformed Services Employment and Reemployment Rights Act (USERRA) establish significant protections for employees and applicants who perform military service. The video provided information describing that the legislation prohibits employment discrimination based on military obligations and ensures reemployment rights following qualifying military service. Eligible employees are entitled to reinstatement in the civilian position they would have attained had they not been absent for military duty, including associated seniority, status, and benefits. To be eligible for reemployment, service members must provide advance notice to their employer, must not exceed five cumulative years of military service with that employer, and must not have received a disqualifying discharge. Upon completion of service, individuals must apply for reemployment within the timeframes specified by USERRA.
Failure to comply with the USERRA can result in substantial legal and financial consequences for management. Service members who believe their rights have been violated may submit a complaint to the U.S. Department of Labor’s Veterans’ Employment and Training Service (VETS), which investigates alleged violations. If the administrative process does not resolve the matter, either the Department of Justice or the complainant may initiate a lawsuit in federal district court (U.S. Department of Labor, Veterans’ Employment and Training Service, n.d.). In such cases, the employer must defend against the alleged violations.
Courts have broad authority to enforce USERRA. If a violation is determined to be willful, the court may award liquidated damages equivalent to the number of lost wages and benefits (U.S. Department of Labor, Veterans’ Employment and Training Service, n.d.). Employers may also be required to pay attorney fees, expert witness fees, and other litigation expenses. Furthermore, courts may issue injunctive relief, temporary restraining orders, or contempt orders to ensure that service members receive the rights and protections guaranteed under USERRA (U.S. Department of Labor, Veterans’ Employment and Training Service, n.d.).
The case, Staub v. Proctor Hospital, 562 U.S. 411 (2011), is a significant case describing the USERRA. In this case, Vincent Staub, an angiography technician and member of the U.S. Army Reserve, alleged wrongful termination based on hostility toward his military obligations. Although the vice president of human resources made the final termination decision, evidence indicated that Staub’s immediate supervisor and another supervisor exhibited hostility toward his military service and issued disciplinary actions that contributed to the termination. Staub contended that these supervisors influenced the final decision-maker, despite her lack of personal anti-military bias.
The U.S. Supreme Court held that an employer may be held liable under USERRA if a supervisor acts with anti-military animosity, intends that action to result in an adverse employment outcome, and the action is a close cause of the final employment decision. The Court rejected the notion that an employer is protected from liability solely because the ultimate decision-maker was unbiased or conducted an independent review. The Court emphasized that discriminatory intent at the supervisory level may be attributed to the employer when it contributes to the adverse employment action. This case is significant because it reinforces USERRA’s protections against indirect discrimination. It establishes that employers cannot evade liability by delegating decision-making authority if biased supervisors influence personnel actions.
References:
U.S. Department of Labor, Veterans’ Employment and Training Service. (n.d.). Employment protections under USERRA and VEVRAA. U.S. Department of Labor. https://www.dol.gov/sites/dolgov/files/VETS/files/USERRA-Fact-Sheet-5-Employment-Protections-USERRA-VEVRAA.pdf
Staub v. Proctor Hospital, 562 U.S. 411 (2011). https://supreme.justia.com/cases/federal/us/562/411/
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525 reply 1 daniela
1. This topic reminds me of the 2013 case of “Affluenza Kid”, Ethan Couch, who at 16 years old drove his father’s truck, drunk and high killing four and severally injuring nine (Texas, 2026). I think American courts should look at adopting a system like Britain's parenting orders, since parents have a big influence on their children's behavior. Parenting orders can make parents responsible when a child's delinquency is tied to poor supervision, but they also offer help through parenting classes, counseling, and other educational programs. Instead of just punishing young offenders, this approach sees that family life often plays a part in delinquency and that helping parents build better skills can prevent future problems.
One major advantage of parenting orders is that they encourage families to get involved in helping their children turn things around or teaching the parent how to parent. When parents get advice on how to communicate, discipline, and supervise, they may be better able to support their kids and lower the chances of repeat offenses. Dealing with family issues early can also help both the child and the community. Still, there are downsides. Some parents deal with problems like poverty, mental health struggles, long work hours, or not enough resources, which can make parenting hard. It might not be fair to hold these parents legally responsible when they are already facing tough situations beyond their control. Focus on support and skill development rather than punishment. Juvenile courts should be able to require parental involvement and offer programs that strengthen families, while also considering each family's unique circumstances. A balanced approach that combines accountability with support is more likely to promote positive change and reduce juvenile delinquency than punishment alone.
2. I think the debate over Japan's substitute prison system is a real issue, not just an exaggerated reaction. In May 2023, a Human Rights Watch group reported on Japan’s “hostage justice” approach to handling criminal suspects. They raised concerns about coerced confessions, denial of bail, and questioning without proper legal support (Ohsumi, 2023). When suspects are held in police stations under the same authority that investigates them, there is a risk of coercion, pressure to confess, or unfair treatment. Even if these problems do not happen every time, the system can still look like there is a conflict of interest, which can weaken public trust in the justice system. It is important to protect suspects' rights because everyone is presumed innocent until proven guilty.
The proposed reforms seem like a good way to address these problems. By making sure that the officers who investigate cases are not the same people who supervise detainees, the risk of unfair influence during detention can be reduced. Also, setting up panels of citizens and lawyers to review complaints can make the process more open and accountable. These steps create independent oversight and give detainees a safe way to report mistreatment.
However, these reforms might not completely fix the main problem, since the substitute prison system would still exist. Some people may still say that suspects should be kept in separate detention centers instead of police stations. Even so, the proposed changes could make the system better by adding more safeguards, improving oversight, and protecting detainees' rights, while keeping the current structure.
References
Ohsumi, T. (2023, September 8). https://www.hrw.org/world-report/2024/country-chapters/japan. Retrieved from www.hrw.org.
Texas, L. (2026, April 1). https://legalclarity.org/what-happened-to-the-affluenza-kid/. Retrieved from www.legalclarity.org.
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525 reply 2 yolonda
American juvenile justice systems could reasonably consider adopting elements similar to Britain’s “parenting orders,” though the approach would need careful limits. As discussed by Fraser (2023), youth justice systems in England and Wales are increasingly focused on prevention and addressing underlying causes of offending, not just punishment. Parenting orders are based on the idea that juvenile behavior is often shaped by the home environment, so requiring parents to take responsibility while also participating in training or support programs could help reduce reoffending. One major advantage of this approach is that it recognizes juvenile crime as a broader social issue rather than focusing only on the child. It may also improve long-term outcomes if parents actively engage with services designed to strengthen supervision and parenting skills. However, there are clear limitations. Not all families have equal access to resources, and some parents may already be facing structural challenges such as poverty, instability, or their own mental health issues. In those cases, legal intervention alone may not be enough and could even create additional strain or resentment. This makes implementation complex in a system as diverse as the United States.
Regarding the detention of suspects in police station “substitute prisons,” I do not think the concern is overblown. The main issue is the potential lack of separation between investigative authority and custodial supervision, which can create opportunities for coercion or perceived unfairness. Reichel (2017) notes that procedural safeguards are central to maintaining legitimacy in criminal justice systems, particularly in systems where state authority is concentrated. Japan’s reforms, including separating investigators from detention staff and introducing citizen and lawyer complaint panels, appear to be meaningful steps toward addressing these concerns (New Practices for Juvenile Delinquency Cases in China, n.d.). These changes improve transparency and introduce external oversight, which can strengthen public trust without dismantling the system entirely. Overall, while the system is not necessarily illegitimate, the proposed reforms do make it more consistent with modern expectations of due process and accountability.
References
Fraser, K. (2023, June 22). What next for the youth justice system? GOV.UK. https://www.gov.uk/government/speeches/what-next-for-the-youth-justice-system
New practices for juvenile delinquency cases in China. (n.d.). http://www.china.org.cn/english/China/69959.htm
Reichel, P. L. (2017). Comparative criminal justice systems: A topical approach. Pearson Education (US).
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week8replies.docx
1
5
100 words reply each reply
530 d1 reply Daniel
To build and maintain community trust between Law enforcement and the community, there must be transparency and accountability. Trust between law enforcement personnel and the community may take months or even years to build. Maintaining trust is a continual collaborative effort that requires effort on both parties. Once misconduct occurs, the Internal Affairs function of the law enforcement agency becomes the primary method of reassuring the community that the police can and will aggressively address and resolve unethical behavior. How that agency handles that incident will Police Integrity is measure by properly handling the complaints filed by the community against its officers. Fair dealing will always dictate the level of community trust. Unfortunately, the ethical work of thousands of local law enforcement officers is easily undone by the actions of one unethical officer. Often, the indictment of one seems like an indictment of all.
There have been many databases created for the purpose of creating not just accountability but checks and balances. Its important for civilians to properly document negative interactions with law enforcement in a local police station and online, because it's possible one day that officer may do something that is more egregious and prosecutors, law firms, through proper requests, may have all that information accessible to them. Problems may arise when the general public makes false allegations against Police Officers, or Officers are exonerated of misconduct and the record still exists. Some databases don't report dispositions just allegations. Even where states have created misconduct tracking systems, they may not mandate reporting of dispositions. Indiana is one state that publishes names of officers disciplined but closes the broader database of investigations that don’t end in punishment. 50.org is a public accountability tool for tracking NYPD misconduct and officer records, serving as a resource for journalists, researchers, and the public seeking transparency in police conduct.
Reporting should be fair and impartial, if law enforcement personnel are going to be judge accordingly, then any "proven" false allegations should be judged equally. In events where officers were exonerated, it should be noted as well. When police reports are used in defamation cases, the lack of standardized, verifiable data can make it difficult to prove or disprove claims. Inaccurate or incomplete reports can be misinterpreted or misused, potentially leading to wrongful reputational harm to officers. Defamation claims against officers may be dismissed if the reports are deemed unreliable or inaccessible. Advocates recommend mandating that all misconduct investigations including those that result in no action be reported in a searchable, public format, with clear details on the nature of the complaint, the investigation, and the final disposition. This would align with transparency goals and help communities monitor law enforcement accountability.
References
Building Trust Between the Police and the Citizens They Serve: An Internal Affairs Promising Practices Guide for Local Law Enforcement https://portal.cops.usdoj.gov/resourcecenter/RIC/Publications/cops-w0724-pub.pdf
Cox, William (December 2022) "Police misconduct records secret, hard to access" https://gatewayjr.org/police-misconduct-records-secret-hard-to-access/
Guss, Dominick (October 21 2020) Problems with Police Reports as Data Sources: A Researchers Perspective https://www.frontiersin.org/journals/psychology/articles/10.3389/fpsyg.2020.582428/full
National Police Misconduct Database https://centerforjusticeresearch.org/research_briefs/national-police-misconduct-database/
530 d2 reply matthew
Requiring disclosure promotes transparency and public trust. Even if a complaint does not result in discipline, a history of repeated complaints may reveal patterns of behavior that warrant closer supervision or additional training. Prosecutors also have an ethical duty to disclose information that could affect an officer's credibility in criminal cases, especially if the complaints involve allegations of dishonesty or misconduct. Public access to complaint records can strengthen accountability and reinforce confidence in law enforcement agencies. However, disclosing exonerated complaints can unfairly damage an officer's reputation. Complaints may be frivolous, malicious, or unsupported by evidence and making them public could create a false impression that misconduct occurred (Galovic et al, 2016). Officers often work in high conflict environments where complaints are common, so requiring disclosure of every complaint could discourage proactive policing and negatively affect morale. And releasing unsubstantiated allegations raises privacy and due process concerns.
A more balanced approach would be appropriate. Complaints that have been fully investigated and determined to be unfounded or exonerated should be differentiated from substantiated findings of misconduct. Rather than disclosing all complaints, agencies should disclose complaints along with investigation outcomes ensuring that the public understands whether allegations were sustained or not sustained, unfounded, or exonerated (Arnold, 2025). This approach promotes accountability while protecting officers from being unfairly judged.
When considering privacy, defamation, or potential federal civil rights crimes/torts there must be a balance between transparency and accountability. Privacy issues arise when sensitive personal information about both officers and complainants is made public. The guide, Building Trust Between the Police and the Citizens They Serve (2009), recommends protecting confidential personnel records, witness statements, and any other investigative materials while still providing the public with enough information to demonstrate that complaints are taken seriously and investigated fully without unnecessary release of information. Defamation occurs when publicly releasing allegations before they have been fully investigated which can damage an officer's reputation especially if the allegations are unfounded or the officer is exonerated. This can be eliminated by distinguishing between allegations and sustained findings and ensuring that all facts are available. Potential federal civil rights crimes and civil torts may be identified during an internal affairs investigation. Identifying any misconduct that violated individual's constitutional rights may involve criminal charges and must be reported and turned over for possible prosecution.
Course Reference:
U. S. Department of Justice, Office of Community Oriented Policing Services. (2009). Building trust between the police and the citizens they serve: an internal affairs promising practices guide for local law enforcement. https://portal.cops.usdoj.gov/resourcecenter/ric/publications/cops-p170-pub.pdf
Other References:
Arnold, E. (2025). Police Misconduct: Combatting the Complicity Crisis. Journal of Criminal Law & Criminology, 115(1), 205-244,205A. https://proxy.ccis.edu/login?url=https://www.proquest.com/scholarly-journals/police-misconduct-combatting-complicity-crisis/docview/3229502766/se-2
Galovic, S., Birch, P., Vickers, M. H., & Kennedy, M. (2016). Procedural justice and frontline policing: the effects of the police complaints system. Journal of Forensic Practice, 18(3), 170-181. https://doi.org/10.1108/JFP-11-2015-0051
530 d2 reply Jamie
The Uniformed Services Employment and Reemployment Rights Act (USERRA) was passed in 1994 (“What Employers Need to Know”,2024).
According to Legal Clarity, USERRA act protects military members that are in the military part-time to help keep their job and whatever promotion they would have if they didn’t leave for military service. For a military member to use the USERRA act the person must have had:
1. The job to have started before their military service started
2. To notify the employer before the military leave that they will be out for service either written or verbal.
3. To stay within a five-year max capacity that the military member is allowed to leave their work for. This accumulates all absences for military leave. Although exemptions to this rule can be made for involuntary call-ups, required training, and emergency situations.
4. An honorable discharge from service when the service has ended.
Rules for returning to work from military leave. The military personnel must notify their employer upon returning and must start back at work within:
1. The scheduled next calendar day after allowing travel time home plus another 8 hours of rest, if the service lasted 1-30 days.
2. 14 days and submit an application for the employer, for military service that lasted from 31-180 days.
3. 90 days and submit an application for the employer, for military service that was over 180 days.
Just like my favorite card game called Munchkin Bad stuff to the employer if not followed by these rules.
First the employee must file a complaint with the veteran employment and training services which is apart of the U.S. Dept. of Labor. If an agreement is not met the employer can be sued for up to 50, 000 dollars and then would be liable for any legal cost that the military employee may have spent on the case. Including the wages the employee would have been expected to have lost as well as any promotion and up a 3% increase of pay upon reinstatement of their job. The 2025 Dole Act also prohibits any retaliation the employee might face from the employer (Legalclarity, 2026).
Employers have the right to ask for paperwork of the service if it was over 30 days. While awaiting for the paperwork the employer must allow the employee to work.
I personally know a friend and former co-worker that worked full time and in the military part time. I interviewed him for this assignment. He told me that whenever he got his assignment agenda from the military he would give it to HR of the employer we worked for. He said he never had any issues with it and the employer never asked any questions (Charlescraft, 2026) . Low key I was hoping for a conflict and to see how he handles the situation but instead I got the opposite. This friend changed many job positions often at the facility I worked for so I assumed their would be a different answer.
However, I did find a case law of Quiles v. Union Pacific Railroad Co., Inc., No. 19-3489. In this case, Quiles who returned from military duty was put into another position than his peers that he started with and into a lower-level position. Doing this violated the USERRA act specifically the escalator principle. This principle guarantees the position you would have had if you had not left for service. So, if your co-workers had seniority bumps, raises, or promotions you would be entitled to the same. The Railroad got rid of Quiles position all together when he was on leave and created a whole new management position and responsibilities. In order to be at the management level you had to have 5 years of experience. Because of Quiles military time off he didn’t have that. Despite all of this Quiles lost this case because the court improperly allowed this case to be heard and that Quiles would not qualify under this act because he failed to meet their new requirement for the upper position. The escalator principle specifies that the employer must grant the upper mobility upon the duties the person is qualified to perform (Eighth Circuit, 2021).
Works Cited
Charlescraft, Charlie. USERRA. 22 June 2026.
Eighth Circuit. “Rodolfo Quiles v. Union Pacific Railroad Company.” Counsel Stack, Counsel Stack, Inc., 6 July 2021, law.counselstack.com/opinion/rodolfo-quiles-v-union-pacific-railroad-company-ca8-2021. Accessed 23 June 2026.
https://members.employerscouncil.org/people/chris-rotar. “USERRA: What Employers Need to Know.” Employerscouncil.org, 2 May 2024, members.employerscouncil.org/blogs/ivy-voss/2024/05/02/userra-what-employers-need-to-know. Accessed 23 June 2026.
“USERRA Return to Work: Rights, Deadlines, and Protections.” LegalClarity, 4 June 2026, legalclarity.org/userra-return-to-work-rights-deadlines-and-protections/. Accessed 23 June 2026.
530 d2 reply aalia
The video, USERRA Post-Deployment discussed that the Uniformed Services Employment and Reemployment Rights Act (USERRA) establish significant protections for employees and applicants who perform military service. The video provided information describing that the legislation prohibits employment discrimination based on military obligations and ensures reemployment rights following qualifying military service. Eligible employees are entitled to reinstatement in the civilian position they would have attained had they not been absent for military duty, including associated seniority, status, and benefits. To be eligible for reemployment, service members must provide advance notice to their employer, must not exceed five cumulative years of military service with that employer, and must not have received a disqualifying discharge. Upon completion of service, individuals must apply for reemployment within the timeframes specified by USERRA.
Failure to comply with the USERRA can result in substantial legal and financial consequences for management. Service members who believe their rights have been violated may submit a complaint to the U.S. Department of Labor’s Veterans’ Employment and Training Service (VETS), which investigates alleged violations. If the administrative process does not resolve the matter, either the Department of Justice or the complainant may initiate a lawsuit in federal district court (U.S. Department of Labor, Veterans’ Employment and Training Service, n.d.). In such cases, the employer must defend against the alleged violations.
Courts have broad authority to enforce USERRA. If a violation is determined to be willful, the court may award liquidated damages equivalent to the number of lost wages and benefits (U.S. Department of Labor, Veterans’ Employment and Training Service, n.d.). Employers may also be required to pay attorney fees, expert witness fees, and other litigation expenses. Furthermore, courts may issue injunctive relief, temporary restraining orders, or contempt orders to ensure that service members receive the rights and protections guaranteed under USERRA (U.S. Department of Labor, Veterans’ Employment and Training Service, n.d.).
The case, Staub v. Proctor Hospital, 562 U.S. 411 (2011), is a significant case describing the USERRA. In this case, Vincent Staub, an angiography technician and member of the U.S. Army Reserve, alleged wrongful termination based on hostility toward his military obligations. Although the vice president of human resources made the final termination decision, evidence indicated that Staub’s immediate supervisor and another supervisor exhibited hostility toward his military service and issued disciplinary actions that contributed to the termination. Staub contended that these supervisors influenced the final decision-maker, despite her lack of personal anti-military bias.
The U.S. Supreme Court held that an employer may be held liable under USERRA if a supervisor acts with anti-military animosity, intends that action to result in an adverse employment outcome, and the action is a close cause of the final employment decision. The Court rejected the notion that an employer is protected from liability solely because the ultimate decision-maker was unbiased or conducted an independent review. The Court emphasized that discriminatory intent at the supervisory level may be attributed to the employer when it contributes to the adverse employment action. This case is significant because it reinforces USERRA’s protections against indirect discrimination. It establishes that employers cannot evade liability by delegating decision-making authority if biased supervisors influence personnel actions.
References:
U.S. Department of Labor, Veterans’ Employment and Training Service. (n.d.). Employment protections under USERRA and VEVRAA. U.S. Department of Labor. https://www.dol.gov/sites/dolgov/files/VETS/files/USERRA-Fact-Sheet-5-Employment-Protections-USERRA-VEVRAA.pdf
Staub v. Proctor Hospital, 562 U.S. 411 (2011). https://supreme.justia.com/cases/federal/us/562/411/
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525 reply 1 daniela
1. This topic reminds me of the 2013 case of “Affluenza Kid”, Ethan Couch, who at 16 years old drove his father’s truck, drunk and high killing four and severally injuring nine (Texas, 2026). I think American courts should look at adopting a system like Britain's parenting orders, since parents have a big influence on their children's behavior. Parenting orders can make parents responsible when a child's delinquency is tied to poor supervision, but they also offer help through parenting classes, counseling, and other educational programs. Instead of just punishing young offenders, this approach sees that family life often plays a part in delinquency and that helping parents build better skills can prevent future problems.
One major advantage of parenting orders is that they encourage families to get involved in helping their children turn things around or teaching the parent how to parent. When parents get advice on how to communicate, discipline, and supervise, they may be better able to support their kids and lower the chances of repeat offenses. Dealing with family issues early can also help both the child and the community. Still, there are downsides. Some parents deal with problems like poverty, mental health struggles, long work hours, or not enough resources, which can make parenting hard. It might not be fair to hold these parents legally responsible when they are already facing tough situations beyond their control. Focus on support and skill development rather than punishment. Juvenile courts should be able to require parental involvement and offer programs that strengthen families, while also considering each family's unique circumstances. A balanced approach that combines accountability with support is more likely to promote positive change and reduce juvenile delinquency than punishment alone.
2. I think the debate over Japan's substitute prison system is a real issue, not just an exaggerated reaction. In May 2023, a Human Rights Watch group reported on Japan’s “hostage justice” approach to handling criminal suspects. They raised concerns about coerced confessions, denial of bail, and questioning without proper legal support (Ohsumi, 2023). When suspects are held in police stations under the same authority that investigates them, there is a risk of coercion, pressure to confess, or unfair treatment. Even if these problems do not happen every time, the system can still look like there is a conflict of interest, which can weaken public trust in the justice system. It is important to protect suspects' rights because everyone is presumed innocent until proven guilty.
The proposed reforms seem like a good way to address these problems. By making sure that the officers who investigate cases are not the same people who supervise detainees, the risk of unfair influence during detention can be reduced. Also, setting up panels of citizens and lawyers to review complaints can make the process more open and accountable. These steps create independent oversight and give detainees a safe way to report mistreatment.
However, these reforms might not completely fix the main problem, since the substitute prison system would still exist. Some people may still say that suspects should be kept in separate detention centers instead of police stations. Even so, the proposed changes could make the system better by adding more safeguards, improving oversight, and protecting detainees' rights, while keeping the current structure.
References
Ohsumi, T. (2023, September 8). https://www.hrw.org/world-report/2024/country-chapters/japan. Retrieved from www.hrw.org.
Texas, L. (2026, April 1). https://legalclarity.org/what-happened-to-the-affluenza-kid/. Retrieved from www.legalclarity.org.
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525 reply 2 yolonda
American juvenile justice systems could reasonably consider adopting elements similar to Britain’s “parenting orders,” though the approach would need careful limits. As discussed by Fraser (2023), youth justice systems in England and Wales are increasingly focused on prevention and addressing underlying causes of offending, not just punishment. Parenting orders are based on the idea that juvenile behavior is often shaped by the home environment, so requiring parents to take responsibility while also participating in training or support programs could help reduce reoffending. One major advantage of this approach is that it recognizes juvenile crime as a broader social issue rather than focusing only on the child. It may also improve long-term outcomes if parents actively engage with services designed to strengthen supervision and parenting skills. However, there are clear limitations. Not all families have equal access to resources, and some parents may already be facing structural challenges such as poverty, instability, or their own mental health issues. In those cases, legal intervention alone may not be enough and could even create additional strain or resentment. This makes implementation complex in a system as diverse as the United States.
Regarding the detention of suspects in police station “substitute prisons,” I do not think the concern is overblown. The main issue is the potential lack of separation between investigative authority and custodial supervision, which can create opportunities for coercion or perceived unfairness. Reichel (2017) notes that procedural safeguards are central to maintaining legitimacy in criminal justice systems, particularly in systems where state authority is concentrated. Japan’s reforms, including separating investigators from detention staff and introducing citizen and lawyer complaint panels, appear to be meaningful steps toward addressing these concerns (New Practices for Juvenile Delinquency Cases in China, n.d.). These changes improve transparency and introduce external oversight, which can strengthen public trust without dismantling the system entirely. Overall, while the system is not necessarily illegitimate, the proposed reforms do make it more consistent with modern expectations of due process and accountability.
References
Fraser, K. (2023, June 22). What next for the youth justice system? GOV.UK. https://www.gov.uk/government/speeches/what-next-for-the-youth-justice-system
New practices for juvenile delinquency cases in China. (n.d.). http://www.china.org.cn/english/China/69959.htm
Reichel, P. L. (2017). Comparative criminal justice systems: A topical approach. Pearson Education (US).
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