As the Assistant Attorney General for the Civil Rights
Division of the Department of Justice, I am entrusted with the responsibility
of protecting the civil rights of the brave men and women of our nation’s armed
forces, and our nation’s veterans. Since
COVID-19 has come to our shores, active duty servicemembers and members of the
National Guard and Reserve have shouldered new burdens as they work to protect
our country. We owe it to them to ensure
that COVID-19 does not jeopardize their economic livelihood. That is why the Department of Justice is
committed to vigorously enforcing all the civil rights laws, including those
that protect the housing and civilian employment rights of servicemembers.
The Civil Rights Division enforces multiple federal laws
that protect the rights of servicemembers and veterans. We protect servicemembers’ financial and
housing rights by enforcing the Servicemembers Civil Relief Act, or the
SCRA. Since January 2017, our SCRA
settlements have included over $10 million in damages and civil penalties. We protect servicemembers’ civilian employment
rights by litigating claims against employers who violate the Uniformed
Services Employment and Reemployment Rights Act, or USERRA. And, we protect their voting rights by
enforcing the Uniformed and Overseas Citizens Absentee Voting Act, also known
as UOCAVA. The Division also safeguards
the rights of servicemember spouses, dependents, and veterans eligible for
certain protections under the SCRA and UOCAVA.
On March 13, 2020, the Department of Defense (DOD) issued a
stop movement order on domestic travel for all military personnel and their
families until at least May 11, 2020, and possibly longer. This order is necessary to prevent the spread
of the virus and protect force readiness.
However, this order also forced servicemembers to make abrupt changes to
their housing plans and employment responsibilities.
We understand that prior to this stop movement order, many
servicemembers signed leases in anticipation of movement to a new duty station
under previously received orders. These
servicemembers are now unable to occupy the leased property, and must maintain
housing at their current location. As a
result, they face the prospective burden of paying rent at two properties for
an uncertain amount of time. Relatedly,
there may also be servicemembers who have already terminated leases in
anticipation of moving elsewhere, but now need a place to stay.
Consistent with federal and state law, we strongly encourage
property managers to afford the men and women of our armed forces maximum
flexibility to adjust their residential lease obligations as needed to comply
with military orders during this uncertain time. Where the federal laws that protect
servicemembers are broken, the Department of Justice will act swiftly to bring
violators to justice.
With respect to members of our Guard and Reserve, already
more than 2,000 Guardsmen have been deployed in 27 states to respond to the
pandemic. This number will undoubtedly
increase as the Nation’s response continues.
More members of the National Guard may be deployed to transport medical
supplies, help with drive-through testing, and assist local law
enforcement. These servicemen and women
are being asked to leave their homes, their jobs, and their families. This will put extra burdens on not just
servicemembers and their families, but also on their employers, landlords, and
banks.
It is at this time we also ask employers and landlords to be
mindful of the responsibilities they have with respect to members of the
National Guard and Reserve under USERRA, the SCRA and similar state laws. These servicemembers are being pulled from
their homes and jobs and tasked with vital operations in protection of our most
vulnerable citizens. When this emergency
ends, USERRA and other state laws will protect servicemembers’ prompt
reemployment and continued pension benefits.
These laws also protect servicemembers from discrimination based on
their service.
Servicemembers undertake their duties at great personal
sacrifice and as the nation battles the invisible enemy of COVID-19 they are
once again answering the call of duty.
They should not have to bear undue financial burden as a result of their
military service.
The Department of Justice, in partnership with other federal
agencies, is committed to devoting time and resources to protect the rights of
servicemembers, and the employees of the Department of Justice are proud to
serve our nation’s men and women in uniform.
The Civil Rights Division has not hesitated in recent years to enforce
the SCRA against landowners — for example, in 2019 the Division obtained a
$1.59 million settlement against a company that manages properties in the
Virginia Beach area for obtaining unlawful default judgments against military
tenants on active duty. The Civil Rights
Division has also filed over 100 complaints and settled almost 200 cases under
USERRA and is prepared to use its authority to fullest extent during the
COVID-19 response to protect these servicemembers should their rights be
violated.
Servicemembers and their dependents who believe their rights
have been violated under any of the statutes enforced by the Civil Rights
Division should contact the Department of Justice at www.servicemembers.gov or
the nearest Armed Forces Assistance Program Office.
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