Source: United States Attorneys General 9
The Justice Department announced today that a federal judge in Oklahoma City has approved an agreement with Oklahoma City Public Schools (OKCPS) to resolve allegations that OKCPS violated Air Force Reserve Staff Sergeant Michael J. McCullough’s rights under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). The department’s lawsuit alleged that OKCPS violated USERRA when it failed to renew Mr. McCullough’s employment contract because of his military deployment and then failed to reinstate him on his return.
“When servicemembers answer their nation’s call — leaving home and work to serve and protect us — federal law protects them against employment discrimination and unjust termination,” said Deputy Assistant Attorney General Kathleen Wolfe of the Justice Department’s Civil Rights Division. “Veterans must be able to serve their country free from worry about jeopardizing civilian career opportunities.”
“We owe it to our service members to safeguard their employment rights when they are deployed,” said U.S. Attorney Robert J. Troester for the Western District of Oklahoma. “Doing so shields the service member and their families from suffering financial and other hardships extending beyond the term of the deployment. My office will continue to vigorously defend the rights justly earned by military veterans who serve our country.”
According to the complaint, filed in the U.S. District Court for the Western District of Oklahoma, Mr. McCullough was employed as a music teacher at OKCPS’s Fillmore Elementary School in January 2022. He was under contract for the remainder of the school year, and his principal told him that she wanted him to return to teach the following year. In February 2022, Mr. McCullough was ordered to perform military service. When he notified his principal, she suggested it would be easier if he just resigned his teaching position. Less than a month later, during his deployment, OKCPS advised Mr. McCullough that his contract would not be renewed for the 2022-2023 school year. Prior to and on his return from active military duty, OKCPS refused Mr. McCullough’s repeated requests for reemployment, despite available positions.
Under the agreement, OKCPS will pay Mr. McCullough monetary damages, and it will revise its polices, practices, and trainings to prevent violations of USERRA.
USERRA is a federal statute that prohibits employment discrimination based on military status, service, or obligation and protects the rights of uniformed servicemembers to retain their civilian employment following absences due to military service obligations. The Justice Department gives high priority to the enforcement of servicemembers’ rights under USERRA. Additional information about USERRA can be found on the Justice Department’s websites at https://www.justice.gov/crt/laws-we-enforce and www.justice.gov/servicemembers, as well as on the Department of Labor’s website at www.dol.gov/vets/programs/userra.
The Department of Labor referred this matter to the Justice Department following an investigation by its Veterans’ Employment and Training Service.
Senior Trial Attorneys Robert Galbreath and Kathleen Lawrence of the Civil Rights Division’s Employment Litigation Section and Assistant U.S. Attorney Emily Fagan for the Western District of Oklahoma are handling this case.