U.S. Attorney Obtains Consent Decree Against Liberty Central School District For Violations Of 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 obtained a consent decree against LIBERTY CENTRAL SCHOOL DISTRICT (“LIBERTY”) in a lawsuit for violations of the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”) filed on behalf of teacher and U.S. Army National Guard member John Chewens.  The consent decree enjoins LIBERTY from future violations of USERRA and requires it to pay Chewens $10,000 in damages, including the $5,992.04 in pay that Chewens did not receive because of LIBERTY’s violations.

U.S. Attorney Damian Williams said: “Our courageous soldiers, who often leave behind their families and loved ones to serve this country, should not return from their military deployments only to find that they have fallen behind in their civilian jobs. This Office is dedicated to ensuring that service members like Captain John Chewens receive all the protections that USERRA guarantees, and we will hold employers responsible when they refuse to honor those guarantees.”

As alleged in the Complaint 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.

When Chewens returned to teaching, LIBERTY denied him the step increase that he would have otherwise received but for his absence during his deployment.  As a result, his annual base salary for the 2018–19 school year and subsequent school years was 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 Consent Decree enjoins LIBERTY from violating any provisions of USERRA (including the provisions that prohibit retaliation); requires LIBERTY to compensate Chewens for lost wages and other damages; and requires LIBERTY to incorporate the following statement into its Board of Education policy and to communicate it to members of its executive and administrative staff:

The Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”) prohibits employers from discriminating against military service members in employment and hiring. USERRA also 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.  Even if an employee would not otherwise be eligible to advance a step in the salary schedule because of an absence, the employee must receive a step increase if the employee’s absence is due to his or her military service.

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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.