Justice Department Files Suit Against Paint Company to Defend Employment Rights of...

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Mon Jan 12, 2009 5:06pm EST

Justice Department Files Suit Against Paint Company to Defend Employment
Rights of N.J. Army National Guardsman

WASHINGTON, Jan. 12 /PRNewswire-USNewswire/ -- The Department of Justice today
filed a lawsuit on behalf of James O. Alston, a member of the New Jersey Army
National Guard, against Hawthorne Paint Co. Inc., alleging violations of the
Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA),
which prohibits an employer from discriminating against an employee because of
the employee's past, current or future military obligations.

The Department's complaint, filed in the U.S. District Court in Newark, N.J.,
alleges that the company violated USERRA by terminating Mr. Alston from his
position as a supervisor based on his military service in Operation Iraqi
Freedom from June 2004 to June 2006, and by discharging him without cause, a
week from his date of reinstatement. 

"No one should lose their civilian job for serving our country as a member of
the military," said Grace Chung Becker, Acting Attorney General for the Civil
Rights Division. "Our servicemen and women sacrifice for our nation, and
particularly in this time of conflict, the Justice Department is committed to
fully protecting the employment rights of our men and women in uniform." 

The Department of Justice's lawsuit was filed after the Veterans' Employment
and Training Service of the Department of Labor referred a complaint filed by
Mr. Alston under USERRA to the Department of Justice upon completion of its
investigation and unsuccessful settlement efforts.

The Department's Civil Rights Division places a high priority on the
enforcement of service members' rights under USERRA. Last year, the Division
filed 12 USERRA suits, the largest number since receiving enforcement
authority in September 2004.

Additional information about USERRA is available at www.servicemembers.gov,
and on the Department of Labor Web site at
www.dol.gov/vets/programs/userra/main.htm.



SOURCE  U.S. Department of Justice

U.S. Department of Justice, +1-202-514-2007, TDD: +1-202-514-1888
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