March 30, 2005
After being sued by the U.S. Justice Department, Bridgestone/Firestone has agreed to give a returning member of the Army National Guard the pay raises he is entitled to under federal law.
"Federal law makes clear that reserve soldiers called to active duty have a right to re-employment in comparable jobs with their former employer when they return to civilian life," said R. Alexander Acosta, Assistant Attorney General for the Civil Rights Division.
"These soldiers risk their lives to protect our basic liberties. Employers should not punish them for their service to our nation by denying them civilian employment and benefits," he said.
The complaint, filed in the U.S. District Court for the Middle District of Tennessee, alleged that Bridgestone violated the Uniformed Services Employment and Re-employment Rights Act of 1994 (USERRA) by failing to advance the guardsman on its progressive pay schedule during a period of approximately 15 months while the guardsman was serving on active military duty.
According to the governments complaint, the guardsman joined the Army National Guard in August 2000. He was subsequently hired by Bridgestone in May 2002. The guardsman was then activated as a member of the Army National Guard under Operation Enduring Freedom/Iraqi Freedom from December 2002 to March 2004.
Upon his return to Bridgestone, the guardsman was paid at the same rate as when he left, rather than being advanced on the companys progressive pay schedule.
The Veterans Employment and Training Service (VETS) of the Labor Department referred the guardsmans complaint to the Justice Department upon completion of its investigation. In the consent decree, tendered to the district court for approval and entry, Bridgestone has agreed to both advance the guardsman on its progressive pay schedule and pay him lost earnings, plus interest.
Acosta noted that Bridgestone voluntarily cooperated with the investigation of the guardsmans USERRA complaint and, while denying any wrongdoing, agreed to make the guardsman whole for his loss.
This is the third USERRA complaint filed by the Justice Department since the Civil Rights Division received enforcement authority for USERRA cases in September 2004. USERRA protects the re-employment rights of service members or veterans upon their return to civilian life from active duty.More information about USERRA is available at www.dol.gov/vets/programs/userra/main.htm.
