Bradberry v. Jefferson County, Tex., 732 F. 3d 540 (5th Cir. 2013)An anti-discrimination claim under the Uniformed Services Employment and Reemployment Rights Act (USERRA) requires a plaintiff to prove his or her “membership, application for membership, service, application for service, or obligation for service in the uniformed services is a motivating factor in the employer's action”; the employer is then required, if it has asserted the affirmative defense, to prove “the action would have been taken in the absence of such membership, application for membership, service, application for service, or obligation for service.” 38 U.S.C.A. § 4311.