A federal judge in Austin has approved a settlement between the Justice Department’s Civil Rights Division, on behalf of Army National Guard Combat Medic Specialist Maria Opara, and Texas-based University Village Memory Care (UVMC) to resolve allegations that UVMC violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). The lawsuit arises from UVMC’s demotion, and ultimate termination, of Specialist Opara because she went on leave to fulfill military orders.
“It is unlawful to demote a servicemember because of her service in the National Guard, and also unlawful to terminate a servicemember because she refused to accept such a demotion,” said Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division. “The Department is proud to vindicate servicemembers’ rights under USERRA and will continue to ensure that they can serve our country without fear of being demoted or losing their civilian jobs because of their service.”
“So many of our servicemembers call the Western District of Texas home, so we do all we can to protect their rights while they are out protecting our freedoms,” said U.S. Attorney Justin R. Simmons for the Western District of Texas. “Our servicemembers – the men and women who, along with their families, sacrifice so much to protect our nation and its citizens – can be confident the Justice Department will hold employers accountable for unlawful acts committed against our soldiers, sailors, airmen and Marines.”
The settlement agreement resolves Specialist Opara’s claim that UVMC violated USERRA when it demoted or attempted to demote her from her position as a night shift supervisor to a lower paying position because of her military service. The settlement also resolves Opara’s claim that UVMC violated USERRA when it terminated her employment when she refused to accept the forced demotion. The settlement includes monetary relief in the amount of $15,000 to Specialist Opara and requires UVMC to update its policies and procedures regarding employees’ USERRA rights, including training all UVMC employees on those updated policies and procedures.
USERRA protects the right of uniformed servicemembers to reemployment in their civilian jobs following absences due to military service obligations and provides that servicemembers shall not be discriminated against because of their military obligations. The Justice Department prioritizes the enforcement of servicemembers’ rights under USERRA. Additional information about USERRA can be found on the Justice Department’s website at www.justice.gov/servicemembers as well as on the Department of Labor’s website at www.dol.gov/vets/programs/userra .