Government of Guam, Violating USERRA, Guam 2024

The Government of Guam has been found guilty of violating the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) in a ruling announced by the U.S. District Court of Guam. The court ruled in favor of the United States, protecting the civilian employment pension benefits of military servicemembers while they serve in the military.

When Guam civilian employees, such as teachers and firefighters, are called for active military service, USERRA entitles them to receive certain civilian employment benefits, including pension benefits, during their time of military service. However, the Government of Guam allegedly considered military leave as a break in service and refused to award servicemembers retirement service credit while they were on military leave. The Government of Guam also refused to contribute employer contributions and accept employee contributions while servicemembers were on military leave.

“USERRA provides civilian employees with valuable employment benefits while they serve in the military,” said Assistant Attorney General Harmeet K. Dhillon of the Civil Rights Division. “Employers cannot deny our military servicemembers these benefits while they sacrifice their time and careers and serve their country.”

The district court ruled in favor of the United States on its motion for summary judgment, holding that treating the leave as a break in service violates the servicemembers’ rights under USERRA. The court also held that the servicemembers were entitled to receive employer contributions and to make employee contributions in the same amounts and manner as employees not on military leave.

USERRA protects the rights of uniformed servicemembers to reemployment in their civilian employment following absences due to military service obligations, provides that servicemembers shall not be discriminated against because of their military obligations, and ensures that servicemembers receive certain civilian employment benefits, including pension benefits, during their time of military service. The Justice Department prioritizes the enforcement of servicemembers’ rights under USERRA.

Additional information about USERRA can be found on the Justice Department’s website at www.justice.gov/servicemembers and on the Department of Labor’s website at www.dol.gov/vets/programs/userra.

Defendant: Government of Guam, Charged with Violating USERRA, City: Hagåtña, State: Guam, Date: September 4, 2024, Outcome: Ruling in favor of the United States, protecting servicemembers’ civilian employment pension benefits.

Defendant Name: Government of Guam, Charged with Violating USERRA, City: Hagåtña, State: Guam, Date: September 4, 2024, Outcome: Ruling in favor of the United States, protecting servicemembers’ civilian employment pension benefits.

Source: https://www.justice.gov/opa/pr/justice-department-announces-ruling-protect-military-servicemembers-civilian-employment