Nevada State Offices, USERRA Violations, Nevada 2003

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Nevada State Offices, USERRA Violations, Nevada 2003

The Justice Department has filed a lawsuit against the state of Nevada and its Office of the State Controller alleging it violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).

The lawsuit, filed in U.S. District Court in Reno, Nev., names the state of Nevada and its Office of the State Controller as defendants. It alleges that they refused to promptly reemploy Arthur Ingram, a colonel in the U.S. Army Reserve, when he returned from active military duty in April 2008.

According to the complaint, Ingram was Nevada’s chief deputy controller when he was called to active duty in June 2003. After his honorably discharged in April 2008, Ingram sought reemployment with the state of Nevada.

The Justice Department’s complaint alleges that the state initially offered Ingram a job but at considerably less pay and status, and then withdrew that offer and backdated Ingram’s termination after he filed a USERRA complaint.

“The law is clear – unnecessary delays and reprisal will not be tolerated,” said Loretta King, Acting Assistant Attorney General for the Civil Rights Division.

The Labor Department’s Veterans’ Employment and Training Service investigated and attempted to resolve Ingram’s USERRA complaint before referring it to the Justice Department for litigation.

This is the 15th USERRA lawsuit filed by the Civil Rights Division in 2009 on behalf of service members. Additional information about USERRA can be found on the Justice Department’s Web sites http://www.usdoj.gov/crt/emp and http://www.servicemembers.gov, as well as on the Labor Department’s Web site at http://www.dol.gov/vets/programs/userra/main.htm.