Justice Department Files Lawsuit Against City of Milwaukee to Enforce Employment...

Justice Department Files Lawsuit Against City of Milwaukee to Enforce
Employment Rights of Member of the Air National Guard

WASHINGTON, July 9 /PRNewswire-USNewswire/ -- The Justice Department today
filed a lawsuit against the city of Milwaukee alleging it violated the
Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) by
refusing to provide Michael Crivello, then an incumbent Milwaukee police
officer, with a make-up promotional examination for detective that he missed
while away on active duty military service with the Air National Guard and
thereby failing to properly determine his reemployment status as a police
officer eligible for promotion to detective.

Although Crivello was eventually promoted to detective based upon a subsequent
promotional examination, the Department contends that Crivello is entitled to
have his date for promotion to detective made retroactive, for all purposes,
to the date he would have been promoted to detective had the city allowed him
to take a make-up examination for the one he missed while on active duty
military service. The suit was filed in U.S. District Court in the Eastern
District of Wisconsin.

Enacted by Congress in 1994, USERRA prohibits employers from discriminating or
retaliating against employees or applicants for employment because of their
past, current or future military obligations. Subject to certain conditions,
USERRA also requires employers to promptly reemploy returning service members
in the position they would have held had their employment not been interrupted
by military service, or in a position of like status, seniority and pay. This
protection includes opportunities for advancement.

"The Civil Rights Division is strongly committed to protecting the employment
rights of the men and women who serve our country in uniform," said Loretta
King, Acting Assistant Attorney General for the Civil Rights Division. "No
service member should miss out on an opportunity for advancement in his or her
civilian career due to military service."

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

The Department's Civil Rights Division has given a high priority to the
enforcement of service members' rights under USERRA. This is the 18th USERRA
lawsuit the Civil Rights Division has filed 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 www.dol.gov/vets/programs/userra/main.htm.

SOURCE U.S. Department of Justice

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