Ilwu

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

LEON BELAUSTEGUI, No. 21-55434 Plaintiff-Appellant, D.C. No. v. 2:19-cv-09955-

FLA-AFM

INTERNATIONAL LONGSHORE AND

WAREHOUSE UNION; PACIFIC

MARITIME ASSOCIATION, OPINION

Defendants-Appellees.

Appeal from the United States District Court for the Central District of California Fernando L. Aenlle-Rocha, District Judge, Presiding

Argued and Submitted February 15, 2022 Pasadena, California

Filed June 7, 2022

Before: Daniel A. Bress and Patrick J. Bumatay, Circuit Judges, and Roger T. Benitez, * District Judge.

Opinion by Judge Bress

* The Honorable Roger T. Benitez, United States District Judge for the Southern District of California, sitting by designation. SUMMARY **

Employment Discrimination

The panel vacated the district court’s summary judgment in favor of defendants in an action brought under the Uniformed Services Employment and Reemployment Rights Act by a longshore worker who returned to employment following service in the U.S. Air Force, and remanded.

The plaintiff sought…