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The Justice Department announced the settlement of a lawsuit against U.S. Development Corporation, doing business as Akro-Plastics. The lawsuit was brought on behalf of Ohio National Guardsman Staff Sergeant Nicholas Whitman. In it, the Department alleged that the manufacturer violated federal law, the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) by not promoting Sergeant Whitman due to his military service obligation. When Whitman returned from his military duty, he was constructively discharged.
US servicemembers career rights
The USERRA ensures that all servicemembers do not lose out on civilian career opportunities because of their military duties. According to the complaint, Whitman began working for Akro-Plastics in June 2022. Three months later, in September, he applied for a human resources position with the company. After going through three interviews, the supervisors did not promote him. They cited his upcoming 3-month military deployment as the reason. After his deployment, he came back to work. He felt he was forced to leave due to hostility by the management. The Justice Department alleged that this conduct violated the USERRA.
Settlement details
Staff Sergeant Whitman will receive $15,000 from his former employer. Akro-Plastics denies that it discriminated against Whitman. The settlement makes it clear that the company’s desire to settle the matter is not an admission of liability, but an opportunity to amicably resolve the issue to avoid the costs of litigation.
Akro-Plastics is also required to revise its policies, practices, and training materials to prevent future violations of the USERRA. They are required to submit this material to the Justice Department for approval.Â
Understanding the USERRA
Servicemembers have many rights under federal law to protect their jobs and benefits. Employers should not discriminate against those who give their time and dedication to military service, especially reservists. Servicemembers’ rights have a high priority with the Justice Department. This case was referred to the Justice Department from the Department of Labor. For more information about USERRA, visit the DOL’s informational webpage.
