The Justice Department and U.S. Attorney Thomas G. Walker announced
today the filing of a complaint in U.S. District Court for the Eastern
District of North Carolina against the Warren County, N.C., Board of
Education for violating the employment rights of Army Reserve Sergeant
Dwayne Coffer under the Uniformed Services Employment and Reemployment
Rights Act of 1994 (USERRA).
The department’s complaint alleges that the Warren County Board of
Education willfully violated USERRA by not renewing Coffer’s employment
because of his military service obligations. Coffer is a Sergeant First
Class in the U.S. Army Reserve. He has served in the Army Reserve for
over 20 years. In addition to other periods of service, he served in
Kuwait and Afghanistan from February 2004 to February 2005. Coffer
worked at Warren County High School as an Assistant Principal while he
was in the Army Reserve. During his employment with the Warren County
Board of Education, Coffer took periodic leave from work to fulfill his
military obligations with the Army Reserve. According to the Justice
Department’s complaint, on April 25, 2008, the board voted not to renew
Coffer’s contract as an assistant principal after staff members
expressed frustration at his performing military service during the
school year.
Coffer initially filed a complaint with the Labor Department’s Veterans’
Employment and Training Service, which investigated the matter,
determined that the complaint had merit, and referred the matter to the
Justice Department. The Justice Department’s Civil Rights Division and
the U.S. Attorney’s Office for the Eastern District of North Carolina
subsequently decided to represent Coffer in this matter and filed this
lawsuit on his behalf.
USERRA prohibits employers from discriminating against Army Reserve
soldiers, such as Coffer, with respect to employment opportunities based
on their past, current or future uniformed service obligations. Under
USERRA, it is unlawful for an employer to terminate an employee because
he has to miss work due to military obligations.
Among other things, the suit seeks compensation for Coffer’s lost wages
and benefits, liquidated damages and reinstatement of Coffer’s
employment with the Board of Education.
“Our dedicated military men and women should not have to choose between
serving their county as reservists and keeping their civilian jobs,”
said Thomas E. Perez, Assistant Attorney General for the Civil Rights
Division.
“The Civil Rights Division is committed to USERRA enforcement
and will take all appropriate and necessary action to vigorously protect
reservists from unlawful discrimination in the workplace.”
“In serving our country, members of the Army Reserve sacrifice time away
from their families and from their jobs. They are willing to risk
their lives to protect the freedoms we hold dear,” said U.S. Attorney
Walker. “We will use all of USERRA’s tools to protect the employment
rights of those in uniform.”
This case is being handled by the Employment Litigation Section of the
Justice Department’s Civil Rights Division and the U.S. Attorney’s
Office for the Eastern District of North Carolina.
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