United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 March 22, 2011 Before RICHARD D. CUDAHY, Chief Judge ILANA DIAMOND ROVNER, Circuit Judge TERENCE T. EVANS, Circuit Judge No. 10‐1405 ERIC FLYNN GROSS, Appeal from the United States District Court Plaintiff‐Appellant, for the Eastern District of Wisconsin.

v. No. 07‐CV‐982 PPG INDUSTRIES, INC., J.P. Stadtmueller, Judge Defendant‐Appellee.

O R D E R The Court’s opinion of March 7, 2011, is hereby amended as follows: At the end of line 4 on page 9, the following footnote shall be inserted as footnote 3 to the opinion: “3 This definitional language was amended after we heard oral argument in this case.

Section 701(a) of the Veteran’s Benefits Act of 2010, P.L. 111‐275 (Oct. 13, 2010), struck the words “other than” from section 4303(2) and replaced them with the word “including,” thereby clarifying that USERRA does prohibit wage discrimination against members of the armed services. 124 Stat. 2864, 2887.”