In response to a certified question arising in a failure-to-promote discrimination suit under the Uniformed Services Employment and Reemployment Rights Act (USERRA) 38 U.S.C. section 4301, the court holds that plaintiffs need not plead or prove that they are objectively qualified in order to meet their initial burden under USERRA. Instead, employers may raise a plaintiff's lack of qualifications as a non-discriminatory justification for declining to promote the plaintiff, notwithstanding his or her military service.