2 EMPLOYERS RECEIVE COMPLAINTS REGARDING MILITARY RESERVE DUTY

FROM: U.S. DEPARTMENT OF JUSTICE
Monday, March 4, 2013
Department of Justice Settles Two Civil Complaints Against Two Employers for Violations of Federal Statutes Relating to Military Reserve Duty

A settlement agreement was filed in U.S. District Court in Denver resolving a complaint alleging that two employers, Delaware Resource Group of Oklahoma LLC (DRG), and FlightSafety Services Corporation (FlightSafety), violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) by not paying money into two U.S. Air Force veterans’ 401(k) plans, announced Assistant Attorney General for the Civil Rights Division Thomas E. Perez and U.S. Attorney for the District of Colorado John Walsh.

USERRA prohibits employers from discriminating against or taking any adverse employment action against any person because that person has performed service in the uniformed services. USERRA also allows returning service members to make "catch up" contributions to their civilian employers’ 401(k) retirement plans, and receive the employers’ matching contributions that were missed while they were on military leave. The Justice Department’s Civil Rights Division and the U.S. Attorney’s Offices have given a high priority to the enforcement of service members’ rights under USERRA.

The two veterans, Michael J. Sipos and Gary D. Smith, are the plaintiffs in this case. According to the complaint, their employers, DRG and FlightSafety, violated USERRA by not allowing the veterans to make "catch up" contributions to their company’s 401(k) plans upon their return from duty and not matching contributions that the veterans missed while on active duty in the Air Force.

Under the settlement agreement, the defendants, DRG and FlightSafety, will allow the plaintiffs to make their "catch up" contributions to their respective 401(k) plans. In addition, DRG and FlightSafety will provide matching employer contributions to each of the veterans’ 401(k) plans.

"We rely on our servicemembers to protect us, and the Department of Justice is committed to ensuring that their civilian employment benefits are protected as well," said Assistant Attorney General Perez. "The department commends FlightSafety and DRG for agreeing to resolve this matter amicably without contested litigation, which shows a good faith commitment by the companies to ensure that they are in compliance with USERRA."

The case was litigated by Assistant U.S. Attorney Juan G. Villaseñor in the U.S. Attorney’s Office for the District of Colorado, in collaboration with the Civil Rights Division of the Justice Department. The lawsuit was filed after the Veterans’ Employment and Training Service (VETS) of the Department of Labor referred Sipos’ and Smith’s complaints to the Justice Department upon completion of its investigation and failed settlement efforts. The Departments of Labor and Justice work cooperatively together to protect the jobs and benefits of National Guard and Reserve service members upon their return to civilian life.

JUSTICE AND UNITED AIRLINES SETTLE LAWSUIT REGARDING EMPLOYMENT RIGHTS OF AIR NATIONAL GUARDSMAN

FROM:  U.S. JUSTICE DEPARTMENT
Friday, June 8, 2012
Justice Department Settles Lawsuit with United Airlines to Enforce Employment Rights of Air National Guardsman
The Justice Department announced today that it has reached a settlement with United Airlines Inc., resolving TenEyck LaTourrette’s allegation that the airline violated the Uniformed Services Employment and Reemployment Rights Act (USERRA) by under compensating his retirement plan during his military service.   LaTourrette is currently a major serving in the Colorado Air National Guard and a first officer for United Airlines.

LaTourrette alleged that United Airlines based its pension contributions on a minimum monthly schedule, rather than using LaTourrette’s actual schedule during the 12 months preceding his military obligations, as required by USERRA.   Among the protections provided by USERRA are provisions related to the pension benefits a service member receives from his civilian employer.  As a general matter, Section 4318 under USERRA provides that a service member’s pension benefits will continue to accrue while he is on active duty.   To that end, USERRA requires an employer to make contributions to the pension fund of a deployed reservist “in the same manner and to the same extent the allocation occurs for other employees during the period of service.”

“This nation relies on the members of our National Guard and reserve, and this settlement exemplifies our efforts to ensure that they can serve their nation without penalty from their employers,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division.
                     
Under the terms of the settlement, United Airlines will fully compensate LaTourrette for all deficient pension payments, plus any associated earnings, in full satisfaction of any and all claims.  The settlement, if approved by the court, would resolve all of the allegations that United Airlines violated USERRA with respect to LaTourrette’s pension claim.

JUSTICE LAWSUIT OVER RESERVIST'S RIGHTS SETTLED WITH PITTSFIELD, MASS

FROM:  U.S. DEPARTMENT OF JUSTICE
Monday, April 23, 2012
Justice Department Settles Lawsuit Against City of Pittsfield, Mass., to Enforce the Employment Rights of a U.S. Navy Reservist
The Justice Department announced today that it has reached a settlement with the city of Pittsfield, Mass., to resolve allegations that the city violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) by failing to promote a navy reservist and Pittsfield firefighter, and by retaliating against him after he invoked his rights.

The Justice Department’s complaint, filed in the U.S. District Court for the District of Massachusetts, alleges that the city violated Pittsfield firefighter Jeffrey Rawson’s rights by passing him over for promotion to lieutenant in the Pittsfield Fire Department because of his military service obligations.  In 2009, Rawson took a promotional exam for lieutenant.   Based on the results of the examination, Rawson was ranked second on the promotional list.  In July 2010, the city informed Rawson that he was being skipped for promotion and that a firefighter ranked lower on the promotional list was instead being promoted to lieutenant. The lower ranked firefighter was promoted in September 2010.

The lawsuit further alleges that, after Rawson filed a USERRA complaint with the U.S.  Department of Labor’s Veterans’ Employment and Training Service, the city retaliated against him by refusing to reinstate him to the list of firefighters eligible to serve as an acting lieutenant.

Under the terms of the settlement, embodied in a consent decree that has been submitted for approval to the federal district court, the city will promote Rawson to lieutenant retroactive to September 2010.   The settlement also requires the city to provide Rawson with over $22,000 in back pay, pension contributions and interest.   The settlement further mandates the city to provide USERRA training to city department heads and supervisors on the rights and obligations of covered employees and their employers.

“Our military servicemembers sacrifice tremendously to serve our country,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division.   “This settlement demonstrates our vigilant protection of the employment opportunities of our servicemembers, and our commitment to vigorous enforcement of the laws that protect them.”

“Employers face incredible challenges when an employee leaves his position temporarily to serve our country.   However, our servicemembers endure much greater challenges to protect our precious freedom,” said U.S. Attorney Carmen M. Ortiz for the District of Massachusetts.  “We are pleased that the city of Pittsfield agreed to restore Mr. Rawson’s rights and provide him with the promotion to which he was entitled.”

This case was litigated by the Employment Litigation Section of the Justice Department’s Civil Rights Division and the Civil Division of the U.S. Attorney’s Office for the District of Massachusetts.

JUSTICE SETTLES ARMY NATIONAL GUARD EMPLOYMENT RIGHTS CASE IN ALASKA

FROM:  U.S. JUSTICE DEPARTMENT
Friday, April 13, 2012
Justice Department Settles with Air Methods Corporation and Lifemed Alaska Llc to Enforce the Employment Rights to Army National Guard Member in Alaska
The Justice Department today announced that it has resolved a lawsuit alleging that Air Methods Corp. and LifeMed Alaska, LLC willfully violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) by discriminating against and failing to reemploy Chief Warrant Officer Third Class Jonathon L. Goodwin of Wasilla, Alaska.   The suit was filed in federal district court in Alaska.

Under USERRA, an employer is prohibited from discriminating against service members because of their membership in the military, past military service or future service obligations. In addition, and subject to certain limitations, USERRA requires that service members who leave their civilian jobs to serve in the military be reemployed promptly by their civilian employers in the positions they would have held if their employment had not been interrupted by military service or in positions of comparable seniority, pay and status.

Goodwin has been a member of the Army National Guard for 20 years, with honorable service as both a fixed-wing and helicopter pilot.   The Justice Department’s complaint alleged that Goodwin was employed by Air Methods as a helicopter pilot when he was called upon for a nine month period of active duty, including a period of deployment to Iraq.   According to the complaint, at the end of his deployment, Goodwin sought to be reemployed by Air Methods and assigned to a contract helicopter pilot position with LifeMed Alaska.   The complaint alleged that LifeMed refused to accept Goodwin for the contract position due to LifeMed’s bias against recently returned service members as well as an unwillingness to accommodate Goodwin’s possible future military obligations.   The complaint also alleged that Air Methods furthered LifeMed’s discriminatory action by refusing to assign Goodwin to the LifeMed contract and, consequently, failed to offer Goodwin proper reemployment.

Under the terms of the settlement agreement, Air Methods will immediately reinstate Mr. Goodwin, will assign him to the first available position on the LifeMed contract at Wolf Lake Base in Alaska, and will pay him an undisclosed sum of money in back pay and other damages.
         
“Military reservists provide an important and valuable service to our country, often at great personal sacrifice.   No service member should be disadvantaged because he or she answered the call of duty,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “The Justice Department is committed to vigorously enforcing federal laws that protect the employment rights of our service members.”

“Here, in Alaska, we are committed to preserving and protecting the rights of our military and military reserve members.  We honor and support their dedication and service to our community and our nation,” said Karen Loeffler, U.S. Attorney for the District of Alaska.

The case stemmed from a referral by the Department of Labor following an investigation by the Department of Labor’s Veterans’ Employment and Training Service and was jointly litigated by the Department of Justice Civil Rights Division and the U.S. Attorney’s Office for the District of Alaska.