Jordan

MEMORANDUM *

Marvin C. Jordan appeals the district court’s judgment following a jury verdict for Air Products & Chemicals on his claim under the Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. §§ 4301-33 . Jordan contends that the district court incorrectly limited the issues for trial to the question of Jordan’s damages from Air Products’s failure to reinstate him in violation of 38 U.S.C. § 4312 . He also challenges the district court’s instruction to the jury on this question. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The disputed instruction, Number 17, properly reflected the basic principle that an employee’s damages for employment discrimination are limited to those that are caused by the employer’s unlawful action. See, e.g., O’Day v. McDonnell Douglas Helicopter Co., 79 F.3d 756, 759-61 (9th Cir.1996); NLRB v. Fort Vancouver Plywood, Co., 604 F.2d 596, 602 (9th Cir.1979). Although the district court adapted much of the language of its instruction from the text of 38 U.S.C. § 4311 , the derivation of the instruction is not dispositive here. Rather, the district court’s instruction looked to the language of § 4311 as a means…