U.S. Attorney Files Lawsuit Against Liberty Central School District For Violating The Uniformed Services Employment And Reemployment Rights Act

Damian Williams, the United States Attorney for the Southern District of New York, announced today that the United States has filed a lawsuit on behalf of teacher and U.S. Army National Guard member John Chewens against LIBERTY CENTRAL SCHOOL DISTRICT (“LIBERTY”) under the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”).  The Complaint alleges that LIBERTY, which is in Sullivan County, New York, willfully violated USERRA by refusing to compensate Chewens at the proper rate because of his absence from the school during a military deployment.

U.S. Attorney Damian Williams said: “Federal law ensures that our brave soldiers, who sacrifice so much to keep us safe, are not punished by employers when they return to the workforce after completing their military service.  This Office is dedicated to giving full force to USERRA’s protections to ensure that service members like Captain John Chewens receive all the benefits to which they are legally entitled.”

According to the pleadings filed in Manhattan federal court:

LIBERTY pays teachers according to a salary schedule by which a teacher’s base annual salary is determined by the teacher’s step.  Teachers typically progress one step per school year, which results in an increase in the teacher’s compensation.

Chewens began teaching at LIBERTY in the 2016–17 school year, and he was paid at step 1.  At the start of the 2017–18 year, he progressed to step 2.  Subsequently, he was ordered to report for active duty starting in March 2018, in support of Operation Enduring Freedom.  As a result of his deployment, he did not return to teaching until April 2019.

Because of his absence during his deployment, when Chewens returned to teaching, LIBERTY denied him the step increase that he would have otherwise received.  As a result, his annual base salary was repeatedly less than it would have been but for his military service.

USERRA guarantees that service members whose employment is interrupted by more than 90 days of military service are, upon their return to the employer, paid at the same rate that they would have earned absent their military service.

The Complaint seeks, among other things, compensation for Chewens’s lost wages and liquidated damages.

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This case is being handled by the Office’s Civil Rights Unit in the Civil Division.  Assistant U.S. Attorney Mark Osmond is in charge of the case.