DOJ ANNOUNCES SETTLEMENT WITH CAR DEALERSHIP THAT PROTECTS EMPLOYMENT RIGHTS OF MILITARY APPLICANTS

FROM:  U.S. JUSTICE DEPARTMENT
Tuesday, July 7, 2015
Justice Department Announces Settlement Agreement with Longview, Washington, Car Dealership to Protect Employment Rights of Military Applicants

The Department of Justice announced today that it has reached a settlement with Bud Clary Chevrolet of Longview, Washington, to resolve a lawsuit it filed on behalf of Darrel Forney, a U.S. Navy Airman from Kelso, Washington.  The lawsuit alleged that the company violated the Uniformed Services Employment and Reemployment Rights Act (USERRA) when it terminated Forney in January 2014, after learning of his intention to join the armed services.  If approved by the court, the settlement will resolve the allegations that the defendant violated the employment rights of Forney.

Bud Clary Chevrolet is a multiple-location car dealership and service center based out of Longview.  According to the department’s complaint, filed in the U.S. District Court for the Western District of Washington in Seattle, the dealership violated USERRA by terminating Forney from his position as a lube technician in its service department after learning that he intended to join the armed services.  Forney initially intended to join the Navy Reserves, but after being terminated and unable to find other employment, he enlisted as an active duty Naval Airman.  Forney is currently stationed in Pensacola, Florida.  His family continues to reside in Kelso.

“The brave men and women who volunteer for our Armed Forces should never have to fear losing their job for signing up to protect our country,” said Acting Associate Attorney General Stuart F. Delery.  “This settlement demonstrates the Department of Justice’s commitment to protecting service members from unlawful employment discrimination and we will continue to devote time and resources to these efforts.”

“No service member should have to make a choice between keeping his civilian job and serving his country,” said Vanita Gupta, Head of the Civil Rights Division.  “The Civil Rights Division is committed to preserving the rights and privileges of those who, through their bravery and dedication, secure the rights and liberties of all Americans.”

“While our dedicated men and women of the military protect our freedoms overseas, we must protect their interests here at home,” said U.S. Attorney Annette L. Hayes of the Western District of Washington.  “The men and women who serve in our military cannot be penalized for that decision.  This case is another example of the United States Attorney’s Office’s commitment to enforcing the laws that protect the employment rights of those who serve our country.”

Under the terms of the settlement, embodied in a consent decree that has been submitted for approval to the federal district court in Seattle, the defendants must pay Forney $15,500 to compensate him for lost wages.  Among other things, the settlement also requires the defendants to provide training to Bud Clary Chevrolet’s management and human resources staff on the USERRA rights and obligations of employers and covered employees, including USERRA’s prohibition on terminating employees based upon their application to the military.

The case was litigated by Assistant U.S. Attorney Christina Fogg of the Western District of Washington, in collaboration with Andrew Braniff, Special Counsel and USERRA/U.S. Attorney’s Office Program Coordinator, in the Civil Rights Division’s Employment Litigation Section.

JUSTICE FILES SUIT TO ENFORCE REEMPLOYMENT RIGHTS OF TEMPORARILY DISABLED SERVICEMEMBER

FROM:  U.S. JUSTICE DEPARTMENT 
Monday, March 24, 2014

Justice Department Files Lawsuit Against Con-Way Freight Inc. to Enforce Reemployment Rights of Temporarily Disabled Servicemember
The Department of Justice filed a lawsuit today against Con-Way Freight Inc. alleging that the company violated the Uniformed Services Employment and Reemployment Rights Act (USERRA) by failing to promptly reassign Naval Reservist Dale Brown to his former position as a driver with appropriate seniority once he notified the company that he had fully recovered from a temporary service-related medical disability.
                                         
According to the complaint, filed in the U.S. District Court for the Northern District of Illinois, Brown began working for Con-Way on Nov. 9, 1987, as a driver sales representative (DSR).  In 2006, Brown was working at Con-Way’s Rock Island, Ill., facility when he deployed for active duty.  While in Iraq, Brown suffered a serious shoulder injury in a truck accident during a night mission and returned to Con-Way in 2009 following an honorable discharge.  Con-Way placed him in a lower-paying position due to medical restrictions that prevented him from returning to the DSR position.  By 2012, Brown had made a full recovery and notified the company that he was able to resume work as a DSR without medical restrictions.  Con-Way refused to return Brown to the DSR position and instead made him apply for open positions as they became available.  Months later, Brown was eventually hired as a DSR, but, Con-Way treated him as a new employee with no seniority to bid on assignments.  As a result, Brown effectively received a 40 percent reduction in pay compared to what he was earning as a DSR prior to his military leave.  He also no longer has a regular work schedule because his seniority was not restored upon resinstatement and he must call in each day to see if and for how long he will work on a given day.

USERRA obligates employers to promptly reemploy returning servicemembers and place them as near as possible in the position that they would have been in absent military service, or a position of similar seniority, status and pay.  For servicemembers like Brown who return with a service-connected disability, the reemployment obligation extends to providing accommodations to the servicemember, which can include a temporary position until the servicemember has recovered and is able to return to his or her proper reemployment position.  Contrary to these requirements, Con-Way violated USERRA by treating Brown as a newly hired DSR, with no accrued seniority, rather than placing him in the position that he would have held had he not served his country and suffered a serious and debilitating injury that required temporary accomodation.

The lawsuit seeks an adjustment to Brown’s seniority date as a DSR to his pre-deployment date with back wages for Con-Way’s six month delay in reemploying Brown once he asked for reinstatement as a DSR following his medical clearance, and his inability to bid on desirable shifts and routes due to his lack of seniority.

“Employers have a legal obligation under USERRA to accommodate servicemembers who suffer a disability while serving their country,” said Acting Assistant Attorney General Jocelyn Samuels for the Civil Rights Division.  “The Civil Rights Division is committed to protecting the rights of those who have served their country through military service.”

This case stems from a referral by the U.S. Department of Labor (DOL) following an investigation by the DOL’s Veterans’ Employment and Training Service.  The case is being handled by the Employment Litigation Section of the Civil Rights Division.

DOJ FILES LAWSUIT TO ENFORCE EMPLOYMENT RIGHTS OF MILITARY RESERVE MEMBER

FROM:  U.S. JUSTICE DEPARTMENT 
Wednesday, August 14, 2013
Justice Department Files Lawsuit in Delaware Against Regal Contractors LLC Et Al., to Enforce the Employment Rights of Air Force Reserve Member

The Justice Department and U.S. Attorney for the District of Delaware Charles M. Oberly III announced today the filing of a lawsuit alleging that Regal Contractors LLC, Regal Builders LLC and Noble Pond Homes willfully violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) by terminating U.S. Air Force Reserve Member Lon Fluman following his return from required military training with his reserve unit.

Fluman is a Senior Airman with the U.S. Air Force Reserve serving with the 712th Aircraft Maintenance Squadron at Dover Air Force Base.   According to the complaint, filed in the U.S. District Court for Delaware, Fluman was scheduled for reserve military duty to begin on Sept. 3, 2012 but was rescheduled on short notice to start one day later.    Subsequently, Fluman served weekend reserve duty in early December of 2012.  Following his second duty, the defendants terminated Fluman from his position as a maintenance technician.   Although Fluman satisfied USERRA’s notification requirements before departing for his military leaves, according to the complaint,  the defendants terminated Fluman anyway, claiming the notice provided was not sufficient.

USERRA explicitly protects the rights of members of the uniformed services to retain their employment following absences due to military service obligations. “Congress enacted USERRA to protect our men and women in uniform from experiencing this kind of injustice,” said Jocelyn Samuels, Acting 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 servicemembers.”

“Members of the Air Force Reserve sacrifice time away from their jobs to serve their country,” said U.S. Attorney Oberly.   “USERRA ensures that they are not discriminated against and that their employment rights are protected.”

This case stems from a referral by the U.S. Department of Labor following an investigation by the Department of Labor’s Veterans’ Employment and Training Service.   The case is being handled by the Civil Rights Division and the U.S. Attorney’s Office for the District of Delaware, who work collaboratively with the Department of Labor to protect the jobs and benefits of National Guard and Reserve servicemembers upon their return to civilian life.

JUSTICE AND PENNSYLVANIA DEPARTMENT OF CORRECTIONS SETTLE RESERVIST REEMPLOYMENT LAWSUIT

FROM:  U.S. DEPARTMENT OF JUSTICE
Monday, July 9, 2012
Justice Department Settles Lawsuit Against Pennsylvania Department of Corrections Regarding Alleged Violation of Us Army Reservist’s Reemployment Rights

The Justice Department announced today that it has reached a settlement in its lawsuit against the Pennsylvania Department of Corrections (PDOC).  The settlement, filed with the U.S. District Court for the Middle District of Pennsylvania, resolves allegations that PDOC violated the reemployment rights of U.S. Army Reservist David C. Fyock under the Uniformed Services Employment and Reemployment Rights Act (USERRA).
                                                                                           
The department’s complaint, which was filed on Oct. 27, 2011, alleges PDOC violated USERRA by failing to retroactively promote Fyock from a corrections officer 1 to a corrections officer 2 position at the State Correctional Institution Mercer in Mercer, Pa., based on his successful performance on a make-up promotional examination after returning from a military deployment.  According to the complaint, Fyock’s score on the make-up examination was higher than the score of any person promoted to any of the 13 vacant corrections officer 2 positions filled based on the May 2007 promotional test he missed.

Under the terms of the settlement, Fyock will receive a promotion to corrections officer 2 (sergeant), as well as back pay and other benefits.
       
Subject to certain conditions, USERRA requires employers to promptly reemploy returning service members in the positions they would have held had their employment not been interrupted by military service, or in positions of like seniority, status and pay.
                                 
 “The Civil Rights Division is committed to protecting the reemployment rights of the men and women who serve our country in uniform,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division.  “No service member should have to forego an opportunity for advancement in his or her civilian career due to military service.”

 “This office strongly supports the rights of service members and the objective of the statute which is to help veterans reclaim their rightful positions in the workforce after they complete their military service,” said Peter J. Smith, U.S. Attorney for the Middle District of Pennsylvania.

This matter was litigated by Assistant U.S. Attorneys Melissa Swauger and Timothy Judge of the Civil Division of the U.S. Attorney’s Office for the Middle District of Pennsylvania in collaboration with attorneys from the Justice Department’s Civil Rights Division.  The case stems from a referral from the U.S. Labor Department's Veterans' Employment and Training Service.

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.