The Justice Department announced today that it has resolved a claim that the Puerto Rico Department of Education (PRDE) violated the Uniformed Services Employment and Reemployment Rights Act (USERRA) when it failed to reemploy Puerto Rico National Guardsman Sergeant(E-5) Daniel Nazario to his proper position upon his return from military service. Based on the terms of the settlement, PRDE will promote Sergeant Nazario to his proper position as a school director in his preferred school district and will be awarding him backpay and seniority.

“Federal law requires employers to reemploy servicemembers into the positions that they would have held had their employment not been interrupted by military service, and also prohibits employers from denying promotions because of employees’ military obligations,” said Assistant Attorney General Kristen Clarke of the Justice Department's Civil Rights Division. “The Justice Department is committed to protecting the civil rights of servicemembers who sacrifice to serve our country.”

Congress enacted USERRA to encourage non-career service in the military by reducing employment disadvantages; to minimize the disruption to the lives of persons performing military service, their employers, and others, by providing for the prompt reemployment of such persons upon the completion of their service; and to prohibit discrimination and retaliation against servicemembers if they pursue a claim under USERRA.

“The successful settlement of National...

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