Labor & Employment Law Daily Wrap Up, LITIGATION NEWS, TRENDS—DOJ reaches settlement with Oklahoma City Public Schools following alleged USERRA violation, (Feb 12, 2025)

By Patricia K. Ruiz, J.D.

The district refused to rehire a staff sergeant because of his deployment, despite openings for appropriate positions.

Oklahoma City Public Schools (OKCPS) settled with the Department of Justice (DOJ) to resolve allegations that OKCPS violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). The DOJ’s alleged OKCPS failed to renew the employment contract of an Air Force Reserve staff sergeant because of his military deployment and then failed to reinstate him on his return.

Allegations. The staff sergeant was employed as a music teacher at OKCPS’s Filmore Elementary School in January 2022 and was under contract for the remainder of the school year. His principal told him she wanted him to return to teach the following year. However, in February 2022, the staff sergeant was ordered to perform military service; upon informing the principal, she suggested it would be easier if he resigned his teaching position. During his deployment, OKCPS advised the staff sergeant that his contract would not be renewed for the following school year. Prior to and upon his return from active military duty, OKCPS refused the staff sergeant’s repeated requests for reemployment, despite the availability of elementary music teacher and middle school band teacher positions for the school year.

Damages. The complaint alleged the staff sergeant suffered a substantial loss of earnings and other benefits, including retirement benefits, as a result of the alleged USERRA violations. Under the settlement, OKCPS will provide monetary damages to the staff sergeant and revise its policies, practices, and trainings to prevent future violations of USERRA.

The DOJ filed its lawsuit in the Western District of Oklahoma; the case is No. 5:24-cv-00544-R.

News: LitigationNewsTrends AgencyNews USERRAVeterans RemediesDamages