Kitlinski v. Merit Systems Protection Board

BRYSON, Circuit Judge.

Petitioner Darek J. Kitlinski appeals from a decision of the Merit Systems Protection Board dismissing various claims he raised under the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”), 38 U.S.C. § 4301-35. We affirm the Board’s final order in part, but vacate and remand for further proceedings on Mr. Kitlinski’s claim of a hostile work environment based on reprisal for his protected activity under USERRA.

I

During the period at issue in this case, Mr. Kitlinski was employed by the Drug Enforcement Administration (“DEA”), an agency within the…