Settlement Reached in Military Leave Lawsuit

A federal judge in Austin has approved a settlement between the U.S. Department of Justice's Civil Rights Division and University Village Memory Care, a Texas-based facility, resolving allegations of employment discrimination against Army National Guard Combat Medic Specialist Maria Opara. The settlement addresses claims that the care center violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).

The lawsuit, initiated by the Justice Department, arose from University Village Memory Care's decision to demote and ultimately terminate Specialist Opara due to her military service obligations. According to the Justice Department, Opara was demoted from her position as a night shift supervisor to a lower-paying role because she went on leave to fulfill military orders. When she refused to accept the demotion, she was terminated from her employment.

The settlement agreement provides Specialist Opara with $15,000 in monetary relief and mandates that University Village Memory Care update its policies and procedures to ensure compliance with USERRA. This includes training all employees on the updated policies related to servicemembers' rights.

Assistant Attorney General Harmeet K. Dhillon of the Justice Department’s Civil Rights Division emphasized the unlawfulness of demoting or terminating a servicemember due to their military service. "The Department is proud to vindicate servicemembers’ rights under USERRA and will continue to ensure that they can serve our country without fear of being demoted or losing their civilian jobs because of their service," Dhillon stated.

U. S. Attorney Justin R.

Simmons for the Western District of Texas also highlighted the importance of protecting servicemembers' rights, noting that many servicemembers reside in the Western District of Texas. "Our servicemembers — the men and women who, along with their families, sacrifice so much to protect our nation and its citizens — can be confident the Justice Department will hold employers accountable for unlawful acts committed against our soldiers, sailors, airmen, and Marines," Simmons said.

USERRA is designed to protect the employment rights of individuals who serve in the uniformed services, ensuring they can return to their civilian jobs without facing discrimination due to their military obligations. The Justice Department has reiterated its commitment to enforcing these rights.

For more information about USERRA and the rights it protects, individuals can visit the Justice Department's website or the Department of Labor's website.