that Congress “clarify that USERRA prohibits workplace harassment and the creation of a hostile working environment.” Dep’t of Labor, USERRA Fiscal Year 2010 Annual Report to Congress 18-19 (July 2011) (“Although the Department believes that the statute currently supports this reading, in light of the risk of contrary interpretations by the courts, the Department recommends that Congress consider clarifying [] USER-RA”). Congress enacted the 2011 Amendment with the backdrop of the Carder decision and numerous contradictory district court opinions and the Department of Labor’s recommendation to clarify. The recognized dispute in the law on this issue gives further support to the holding that the 2011 Amendment was designed to clarify, not change, USERRA. See Callejas, 750 F.2d at 731 (<HOLDING>). Accordingly, the Court finds that the 2011
holding that compensatory contempt fines awarded against the secretary of health and human services were barred by sovereign immunity holding that removal of suit against physicians employed by a federally funded community health center to federal court by the defendants on the ground that they were covered under the public health service act was improper as the department of health and human services had not yet made a determination whether defendants should be deemed to be employees holding that a statute clarified the law where it was amended after the department of health and human services opined on its interpretation and the district courts split on the issue holding that a district courts remand order effectively invalidating certain regulations of the secretary of health and human services was an immediately appealable order holding an administrative interpretation cannot change the meaning of a statute or control the courts interpretation of it