A U.S. District Court in Montgomery, Ala., granted judgment in favor of the United States yesterday in a lawsuit brought to enforce the Uniformed Services Employment and Reemployment Rights Act (USERRA) against the Alabama Department of Mental Health (ADMH).
After a trial in June, U.S. District Court Chief Judge Mark E. Fuller held that ADMH violated USERRA when it failed to promptly reemploy Roy Hamilton when he returned from active duty military service in Iraq. The court awarded Hamilton $23,350.77 in back pay and retirement contributions; $2,997.96 in annual and sick leave; and restoration of his continuous service date to his original hire date, July 13, 1987. The court also found that the United States is entitled to injunctive relief to ensure ADMH's future compliance with USERRA. The injunctive relief includes amendments to ADMH's policies and procedures and mandatory training for all ADMH managers and personnel officials.
USERRA was enacted in 1994 to protect service members from being disadvantaged in their civilian careers due to serving in the uniformed services. Subject to certain limitations, USERRA requires that individuals who leave their jobs to serve in the U.S. armed forces be timely reemployed by their civilian employers in the same or similar position that they would have held had they not left to serve in the military.