The Justice Department announced on Monday that it has settled with Kansas City Kansas Community College (KCKCC) over the wrongful termination of an Army National Guard major.
The settlement includes lost wages for Major Stephen W. Terry and mandatory training for college staff on military employment rights.
The case underscores ongoing challenges servicemembers face when returning to civilian jobs after military duty, despite federal protections under the Uniformed Services Employment and Reemployment Rights Act.
KCKCC terminated Terry from his position as Dean of Enrollment Management and Student Services after he returned from military service. The college’s action violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), which prohibits discrimination against servicemembers based on their military obligations.
“When servicemembers leave their families and civilian jobs to serve our nation, USERRA protects them from discrimination and wrongful termination,” said Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division. “The Department is committed to safeguarding servicemembers’ rights under USERRA to freely serve their country without fear of losing their civilian jobs.”
The settlement requires KCKCC to compensate Terry for lost wages. It also mandates training for the college’s management and human resources staff on servicemembers’ employment rights.
U.S. Attorney Ryan A. Kriegshauser for the District of Kansas, himself a Navy reservist, emphasized the personal stakes involved.
“As a Navy reservist myself, I know the cost imposed on servicemembers when they are called to leave their home and work to serve and protect this great country. I missed the birth of my youngest daughter while serving in Afghanistan,” Kriegshauser said.
“Now, it is my honor and our duty to make sure the employment rights of servicemembers are protected once they return home. My office will continue to vigorously defend the rights justly earned by those who serve our country, and we thank them for their service.”
USERRA guarantees servicemembers the right to return to their civilian jobs after military absences. The law also protects them from employment discrimination based on their service obligations.
The Justice Department has made enforcing these protections a priority. Additional information about USERRA is available on the department’s website at www.justice.gov/servicemembers and the Department of Labor’s site at www.dol.gov/vets/programs/userra.