Carneys Point, New Jersey – In a shocking case of employment discrimination, a South Jersey company has been sued by the Justice Department for violating the Uniformed Services Employment and Re-employment Rights Act of 1994 (USERRA). Healthcare Commons Inc. of Carneys Point, New Jersey, is accused of willfully refusing to re-employ a former employee, Megan Toliver, upon her return from a National Guard deployment.
According to the civil lawsuit filed in Camden federal court, Toliver, a 32-year-old sergeant with honorable service as a mental health specialist, was not re-employed by Healthcare Commons Inc. as a mental health screener or in any comparable position upon her return from deployment in May 2014.
“No person should lose their job for serving our country, but according to our complaint that’s exactly what happened to a National Guard member here,” said Acting Associate General Stuart F. Delery. “Today’s filing is one more example of the Justice Department’s commitment to protecting the men and women who serve in our Armed Forces from discrimination and unlawful actions.”
The USERRA lawsuit alleges that Healthcare Commons Inc. willfully violated the law by not re-employing Toliver, a veteran who had served with honorable service in the U.S. Army National Guard since September 2004. The complaint further states that the company’s actions were a clear violation of Toliver’s employment rights.
The case was referred to the Justice Department by the U.S. Department of Labor following an investigation by the department’s Veterans’ Employment and Training Service. The plaintiff is represented by Special Litigation Counsel Andrew Braniff of the Civil Rights Division and Assistant U.S. Attorney Michael E. Campion of the District of New Jersey.
“The filing of this case reinforces the commitment of the Justice Department to vigorously enforce the prohibition of employment discrimination based on military service,” said Principal Deputy Assistant Attorney General Vanita Gupta of the Civil Rights Division. “I want to thank the Department of Labor for referring this case to the Justice Department. I’m hopeful that through the department’s newly created Servicemembers and Veterans Initiative, we will continue to build on our strong ties with federal partners and continue using every tool at our disposal to protect the rights of the men and women who serve in our Armed Forces.”
The case is a stark reminder of the importance of protecting the rights of service members who have served our country with honor and distinction. The Justice Department will continue to hold accountable those who seek to discriminate against our brave men and women in uniform.
Related Federal Cases
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- United Communities LLC, SCRA Violation, New Jersey 2024 · Pennsylvania
- Thomas A. DeLeo, Honest Services Fraud, Jersey City NJ, 2023 · Pennsylvania
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Key Facts
- State: New Jersey
- Category: Public Corruption
- Source: DOJ Press Release ↗
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