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By Daniel Baxter |
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March 4, 2010 -
The Justice Department on Tuesday announced that it has reached a
settlement, in the form of a consent decree, with the Goodyear Tire &
Rubber Company that, if approved by the U.S. District Court in The Justice Department’s lawsuit, filed in May 2009, alleged that Goodyear violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) by failing to promptly reemploy Ellis following his military service. Subject to certain limitations, USERRA requires employers to reemploy a returning service member in the position the employee would have held had his or her employment not been interrupted by military service. |
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Ellis was on
leave from Goodyear due to a previous service-related injury and
awaiting reassignment to a new position with Goodyear consistent
with his physical abilities when he was called to active duty in
September 2005. According to the complaint, when Ellis sought
reemployment with Goodyear after his discharge in 2007, the company
took no steps to identify the position Ellis would have received had
he not been activated, and it failed to reemploy him for nearly a
year.
Under the
terms of the consent decree, Goodyear must pay Ellis $40,000 in back
wages and other damages. Goodyear also must supplement its policies
at its
"Every day,
our men and women in uniform risk their lives to protect our
rights," said Thomas E. Perez, Assistant Attorney General for the
Civil Rights Division. "The Department of Justice will work
diligently to ensure that service members’ rights are protected,
too." |
Subchapter II -
Employment And Reemployment Rights And Limitations; Prohibitions
§ 4311.
Discrimination against persons who serve in the uniformed services and
acts of reprisal prohibited (a) A person who is a member of, applies to
be a member of, performs, has performed, applies to perform, or has an
obligation to perform service in a uniformed service shall not be denied
initial employment, reemployment, retention in employment, promotion, or
any benefit of employment by an employer on the basis of that
membership, application for membership, performance of service,
application for service, or obligation.
§ 4312.
Reemployment rights of persons who serve in the uniformed services (a)
Subject to subsections (b), (c), and (d) and to section 4304, any person
whose absence from a position of employment is necessitated by reason of
service in the uniformed services shall be entitled to the reemployment
rights and benefits and other employment benefits of this chapter if—
(1) The person (or
an appropriate officer of the uniformed service in which such service is
performed) has given advance written or verbal notice of such service to
such person's employer; (2) The cumulative length of the absence and of all previous absences from a position of employment with that employer by reason of service in the uniformed services does not exceed five years; and
(3) Except as
provided in subsection (f), the person reports to, or submits an
application for reemployment to, such employer in accordance with the
provisions of subsection (e). |
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