Justice Department Files First Class Action Userra Lawsuit
Posted on: Thursday, 2 March 2006, 21:00 CST
By Anonymous
The Department of Justice in January filed a lawsuit against American Airlines Inc., alleging violations of the Uniformed Services Employment and Re-employment Rights Act of 1994 (USERRA). This lawsuit represents the first class action complaint filed by the United States under USERRA.
The complaint, filed in the U.S. District Court in Dallas, Texas, alleges that American Airlines violated USERRA by denying three pilots employment benefits during their military service. Two served as pilots in the Naval Reserve, and the third was a pilot in the South Dakota Air National Guard.
"This nation depends on our reservists to faithfully carry out their duty. No reservists-indeed, no members of our armed forces- should ever be punished or discriminated against for answering the call of duty," said Wan J. Kim, assistant attorney general for the Civil Rights Division. "The filing of this lawsuit reflects the Civil Rights Division's continuing commitment to fully protect our uniformed service members' employment rights."
According to the compliant, American Airlines conducted an audit of the leave taken for military service by American Airline pilots in 2001, and, based on the results of that audit, reduced the employment benefits of those of its pilots who had taken military leave, while not reducing the same benefits of those of its pilots who had taken similar types of nonmilitary leave.
"This action shows the Labor Department and the Justice Department are working together effectively to protect the jobs and benefits of National Guard and Reserve service members upon their return to civilian life, as required under USERRA," said Charles S. Ciccolella, assistant secretary of labor for the Veterans' Employment and Training Service.
Copyright Institute of Management & Administration Mar 2006
Source: IOMA's Report on Managing Benefits Plans
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