Justice Dept Defends Employment Rights of Army Reservist

“Our country values its military reservists and the sacrifices they make. No service member should be disadvantaged because he or she heeded the call to duty,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division.  “The Civil Rights Division of the Department of Justice is fully committed to protecting the employment rights of persons who serve in the armed services.” ?

It seems that the Public Transportation Corporation (TRANSPO) of South Bend, Indiana didn’t feel the same way as Mr. Perez.

The Department of Justice announced today that it has resolved claims made by Stephen Ralston against TRANSPO under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).

Subject to certain conditions, USERRA requires employers to promptly reemploy returning service members to the position they would have held had their employment not been interrupted by military service, or in a position of like seniority, status and pay.  USERRA also prohibits an employer from denying, among other things, retention in employment to a member of the uniformed services on the basis of that membership, performance of service or service obligation.

The complaint in the case alleges that TRANSPO violated various sections of USERRA by, among other things, failing to properly reemploy Mr. Ralston after his military obligations ended, and discriminating against Mr. Ralston because of his military obligations.  Mr. Ralston, who was employed by TRANSPO in January 2008, was activated to full-time military duty and deployed to Iraq.  After Mr. Ralston’s military obligations concluded in November 2009, he promptly applied for reinstatement with TRANSPO.  On his first day back at TRANSPO in December 2009, Mr. Ralston was informed by TRANSPO’s assistant general manager that Ralston’s position would cease to exist after Dec. 31, 2009.  On Dec. 31, 2009, TRANSPO delivered a letter to Mr. Ralston stating that he was being discharged that day.  No other TRANSPO employee was discharged that day.  Under the terms of the consent decree, TRANSPO will pay Mr. Ralston $45,000 in back pay.