Derrick Strong, Violating Servicemember Rights under USERRA, Illinois 2022

Crime pays, but it seems that the City of Chicago has a lot to learn about respecting the rights of its servicemembers. In a shocking case of blatant disregard for the law, the city has been forced to settle with U.S. Army Reservist Derrick Strong over a clear-cut violation of the Uniformed Services Employment and Reemployment Rights Act (USERRA).

The city’s egregious actions date back to 2016, when Strong, a decorated veteran, returned from active duty and requested to take the Fire Engineer promotional examination that he missed while on deployment. However, the city, in a stunning display of incompetence, denied him the opportunity to take the exam, citing a baseless claim that Strong had been offered the chance to take the exam at his military post while on active duty.

But that was just the beginning of the city’s egregious behavior. Despite Strong’s repeated requests, the city took almost a year to start making Fire Engineer promotions. By that time, Strong had already missed out on the opportunity to take the exam and advance in his career.

It wasn’t until April 2022, when Strong finally took the make-up Fire Engineer examination and aced it, that the city saw fit to promote him to the rank of Fire Engineer. But even then, the city didn’t stop at simply promoting Strong – they also changed their policy to allow servicemembers to take make-up promotional examinations upon their return from military service.

But the city’s actions didn’t go unnoticed. The Department of Labor (DOL) referred the matter to the Justice Department, which promptly filed a lawsuit against the city on Strong’s behalf. After months of litigation, the city finally agreed to settle the case, awarding Strong $52,000 in back pay and retroactive seniority.

Defendant: City of Chicago

Crime: Violating Servicemember Rights under USERRA

City and State: Chicago, Illinois

Exact Date: N/A (settlement agreement)

Sentence/Outcome: Settlement awarding $52,000 in back pay and retroactive seniority

Dollar Amounts: $52,000

‘Federal law safeguards the civilian employment rights of our nation’s servicemembers and requires that they have the promotional opportunities they would have earned had their employment not been interrupted by military service,’ said Assistant Attorney General Kristen Clarke of the Civil Rights Division. ‘Employers must ensure that servicemembers have a fair opportunity to seek promotion, including by offering make-up examinations missed due to military service, and this settlement will ensure that this continues to happen.’

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