OFCCP Director Craig Leen announces 500 scheduling letters to be sent for VEVRAA Focused Reviews on Veteran’s Day 2019!

August 7, 2019

The OFCCP and VETS hosted a town hall session in Washington, D.C.  This event was held to expand the Department’s outreach to the veteran community and was attended by over 70 federal contractors, veteran service organizations, employer associations, and consultants.  The agencies discussed how they could work together to assist federal contractors recruit, retain, and promote veterans and military spouses and also committed to work together on the technical assistance guide to assist in these areas and for employers to better understand their responsibilities under VEVRAA and USERRA.  During this event, OFCCP Director Craig Leen shared that 500 scheduling letters would be going out on Veteran’s Day for VEVRAA Focused Reviews.  He also mentioned that the OFCCP will put an emphasis on the under-employment or non-employment of veterans with disabilities, as well as military spouses.

At the National Industry Liaison Group conference held in Milwaukee, Wisconsin on July 31, 2019,  Leen had announced the agency was developing plans for VEVRAA Focused Reviews and voiced the OFCCP’s commitment to veterans.

Pipe Fittings Manufacturer Fired Disabled Veteran Instead of Providing a Reasonable Accommodation

EZEFLOW USA, a pipe fitting manufacturer located in New Castle, Pa., will pay $65,000 and provide significant equitable relief to resolve a federal disability discrimination lawsuit, the U.S. Equal Employment Opportunity Commission (EEOC) announced.

The EEOC charged that Iraq and Afghanistan U.S. Marine Corps veteran Adam Brant, who worked as a maintenance technician, requested six weeks of unpaid medical leave when he experienced seizures caused by service-related disabilities. EZEFLOW USA denied the request because Brant was still a probationary employee. Even though EZEFLOW USA maintains a policy of providing up to 26 weeks of paid leave to non-probationary employees, the company refused to provide Brant with unpaid leave as a reasonable accommodation and fired him because of his disability, according to the lawsuit.

Such alleged conduct violates the Americans with Disabilities Act, as amended (ADA). The EEOC filed suit (EEOC v. EZEFLOW USA, Inc., Civil Action No 02:14-cv-527) in the U.S. District Court for the Western District of Pennsylvania, after first attempting to reach a voluntary pre-litigation settlement through its conciliation process.

In addition to the $65,000 in monetary relief to Brant, the 28-month consent decree resolving the lawsuit prohibits EZEFLOW USA from engaging in disability discrimination or retaliation. The company will revise its policies to ensure that probationary employees with disabilities are given unpaid leave when needed as a reasonable accommodation. EZEFLOW USA will also provide training on the ADA, report to the EEOC regarding its compliance with the consent decree and post a notice about the settlement.

"This case is significant because it demonstrates that even probationary employees may be entitled to a reasonable accommodation under the ADA," said EEOC Philadelphia District Director Spencer H. Lewis, Jr. "An employer must provide a reasonable accommodation unless it can show that doing so would cause a significant difficulty or expense."

Regional Attorney Debra M. Lawrence of the EEOC's Philadelphia District Office added, "We owe all of our veterans our gratitude for their sacrifices, but especially those with service-related disabilities. Mr. Brant honorably served our country as a Marine and only needed a brief period of unpaid leave to treat his disability and remain employed. I am pleased that EZEFLOW USA worked with us to resolve this lawsuit quickly and that the company will also provide affirmative relief to protect all employees from disability discrimination."

The EEOC has issued two revised publications addressing veterans with disabilities and the ADA. The Guide for Employers explains how protections for veterans with service-connected disabilities differ under the ADA and the Uniformed Services Employment and Reemployment Rights Act (USERRA). It explains how employers can prevent disability-based discrimination and provide reasonable accommodations.

The Guide for Wounded Veterans answers questions that veterans with service-related disabilities may have about the protections available when they seek to return to their former jobs or look for civilian jobs. The publication also explains the kinds of accommodations that may be necessary to help veterans with disabilities obtain and successfully maintain employment.

Source: EEOC

This information is intended to be educational and should not be considered legal advice on any specific matter.

Justice Department Announces Settlement Agreement with Everett, Wash., Battery Company to Protect Employment Rights of Returning Military Reservist

The Department of Justice announced that it has reached a settlement with All Battery Sales and Service (ABS) of Everett, Wash., to resolve a lawsuit it filed on behalf of Curtis Kirk, a U.S. Army reservist. The lawsuit alleged that the company violated the Uniformed Services Employment and Reemployment Rights Act (USERRA) by failing to properly reemploy Kirk in September 2010 after he returned from military service in support of Operation Iraqi Freedom. The lawsuit also alleged that the defendant unlawfully demoted and then terminated Kirk’s employment without proper cause. If approved by the court, the settlement would resolve the allegations that the defendant violated the reemployment rights of Kirk.

 

ABS is a wholesaler, distributor and retailer of battery products, parts and services. According to the complaint, filed in the U.S. District Court for the Western District of Washington, the defendant violated USERRA by not properly reemploying Kirk in a position as a front counter representative, or in a position with comparable seniority, status and pay. The defendant reemployed Kirk in a lower status position than the one he held when he left for active duty service, with fewer guaranteed working hours, a less lucrative commission and bonus structure and fewer opportunities for promotion. ABS later demoted Kirk further and terminated his employment without cause, also in violation of USERRA.

 

Under the terms of the settlement, ABS must pay Kirk $37,500 to compensate him for lost or reduced wages and benefits. Among other things, the settlement also requires the defendant to provide training to ABS’ high-level officials and human resources staff on the USERRA rights and obligations of employers and covered employees.

 

“Employers have a legal obligation to ensure service members get their jobs back when they return from military duty as required by law,” said Jocelyn Samuels, Acting Assistant Attorney General for the Civil Rights Division. “The Civil Rights Division is committed to protecting the rights of those who, through their courage and sacrifice, secure the rights of all Americans.”

 

“Just as our dedicated men and women of the military protect our freedoms overseas, we must protect their interests here at home,” said U.S. Attorney Jenny A. Durkan. “These soldiers have made many sacrifices, and the loss of a career or the job they are entitled to when they return home cannot be allowed. The U.S. Attorney’s Office is committed to enforcing the laws that protect the rights of those brave men and women who serve our country proudly.”

 

Subject to certain conditions, USERRA requires employers to promptly reemploy returning service members in the positions they would have held had their employment been not interrupted by military service or in a position of like seniority, status and pay. In addition, any individual with Kirk’s length of absence for military service who is reemployed cannot be terminated within one year after the date of full and proper reemployment except for just cause.

 

Source: DOJ

 

This information is intended to be educational and should not be considered legal advice on any specific matter.

 

Home Depot settlement with DOJ includes revisions to Military Leave of Absence Policy

Source:  Justice News

The Justice Department announced today that it has reached a settlement with Home Depot U.S.A. Inc., to resolve allegations that the company violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) when it terminated the employment of an Army National Guard soldier.  

The department’s complaint alleged that Home Depot willfully violated USERRA by terminating the soldier's employment because of his military service obligations.   The Iraq War veteran, worked as a department supervisor while at the same time serving in the Army National Guard.   Throughout his employment with Home Depot the soldier took periodic leave from work to fulfill military obligations with the National Guard.   According to the Justice Department’s complaint, the soldier was removed from his position as a department supervisor after Home Depot management officials openly expressed their displeasure with his periodic absences from work due to his military obligations and further indicated their desire to remove him from his position because of those absences.  

Under the terms of the settlement, embodied in a consent decree that has been submitted for approval to the federal district court, Home Depot will provide the soldier with $45,000 in monetary relief and make changes to its Military Leaves of Absence policy.   The settlement further mandates that Home Depot review its Military Leaves of Absence policy with managers from the district where Mr. Bailey worked.

Read the full news release

This information is intended to be educational and should not be considered legal advice on any specific matter.