The plaintiff was a pilot for American Airlines operating out of La Guardia Airport in Queens, N.Y. He served in the military from June 2013 to August 2015. During that tour, the plaintiff was diagnosed with a heart condition and, upon his return, experienced delays obtaining the necessary Federal Aviation Administration (FAA) medical certification to return to his pilot position.
Upon initial review at the beginning of September 2015, American Airlines acknowledged that the plaintiff met USERRA’s conditions for re-employment but also believed that it either needed to find another position for him or allow him to use military convalescence leave until he could receive FAA clearance to fly.
