Justice Department Settles Lawsuit to Enforce N.Y. Army Servicemember’s Employment Rights

The Department today has reached a settlement that, if approved by the U.S. District Court in Philadelphia, will resolve its lawsuit filed on behalf of Frantz Julien against Symphony Diagnostic Services Inc., doing business as MobilexUSA (Mobilex).

The complaint was filed in March 2009 and alleged that Mobilex violated the Uniformed Services Employment and Reemployment Rights Act (USERRA) by failing to reemploy Frantz Julien in either his mobile radiologic technician position or in a like position upon his honorable discharge from active duty in the U.S. Army. Under the terms of the settlement, which is embodied in a consent decree that has been submitted to the court, Mobilex is required to pay Julien a back pay award of $24,000 to compensate him for his lost earnings as a result of Mobilex’s actions.

"Employers must not evade their responsibilities to employees who return from honorable duty in the uniformed services," said Loretta King, Acting Assistant Attorney General for the Civil Rights Division. "The Civil Rights Division works to vigorously uphold the rights of those who serve in the military to be free from violations of USERRA."

The Department’s lawsuit was filed after the Labor Department’s Veterans’ Employment and Training Service completed an investigation of Julien’s complaint.

The Civil Rights Division has given a high priority to the enforcement of service members’ rights under USERRA. Additional information can be found on the Web sites at www.servicemembers.gov and www.usdoj.gov/crt/emp.