Military Leave Bias Lawsuit Against Kansas Revived on Appeal

A district court wrongly dismissed a lawsuit against Kansas alleging military leave bias, a federal appeals court ruled Tuesday, potentially expanding the definition of “employer” under the federal law protecting military members.

There’s sufficient evidence to preclude summary judgment on whether Kansas, through its Department of Health and Environment, could be considered an employer of Stacy Gonzales, a US Army National Guard member, under the Uniformed Services Employment and Reemployment Rights Act, Judge Michael R. Murphy said. The US Court of Appeals for the Tenth Circuit reversed the summary judgment ruling in favor of Kansas and remanded the suit.

“The ...