United States v Kansas Department of Health and Environment (D. Kan.)

On June 27, 2022, the United States filed a complaint in United States v. State of Kansas (D.  Kan.). The complaint alleges that Kansas violated the Uniformed Services Employment and Reemployment Rights Act of 1994, as amended (USERRA). The lawsuit alleges that the Kansas Department of Health and Environment (KDHE) withdrew the grant funding the Disease Intervention Specialist employment position held by the servicemember, thereby eliminating that employment position, due to her absence to perform military service in the United States Army National Guard. On January 9, 2024, the District Court granted the State of Kansas’ motion for summary judgment on the grounds that KDHE was not the servicemember’s “employer” as defined under USERRA. On March 26, 2024, the United States filed a notice of appeal of the District Court’s order with the Tenth Circuit Court of Appeals. The matter remains pending before the Tenth Circuit.

Press Release - 6/27/22