BioFusion Health Products Inc, USERRA Violation, South Dakota 2023

South Dakota Business Settles USERRA Lawsuit

BioFusion Health Products Inc., a Rapid City, South Dakota-based company, has agreed to pay $3,000 in back pay to Staff Sgt. Amber Ishmael, a South Dakota Air National Guard member, as part of a settlement agreement reached with the Justice Department.

The settlement resolves claims that BioFusion violated the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) when it failed to reemploy Staff Sgt. Ishmael following an extended military leave and when it eventually terminated her employment.

Staff Sgt. Ishmael was terminated following her deployment to attend Airmen Leadership School, a professional military education training associated with her military service, according to the complaint filed in the United States District Court for the District of South Dakota.

According to the complaint, Staff Sgt. Ishmael’s military service was a motivating factor in BioFusion’s decisions to deny her request for reemployment and to terminate her employment.

“The United States has a solemn obligation to ensure that those selfless Americans who serve in the nation’s Armed Forces enjoy every opportunity to advance their civilian careers,” said Acting Associate Attorney General Jesse Panuccio.

“This case highlights the importance of protecting the rights of our nation’s service members,” said Acting Assistant Attorney General Tom Wheeler of the Justice Department’s Civil Rights Division.

Staff Sgt. Ishmael has served honorably in the Air National Guard since 2010.

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/employment-litigation-section and https://www.justice.gov/crt-military, as well as on the Department of Labor’s website at www.dol.gov/vets/programs/userra/main.htm.