Justice Department files lawsuit against United Airlines

Justice Department files lawsuit against United Airlines
UPI

WA, Aug. 15 (UPI) — United Airlines violated the employee rights of a U.S. Air Force Reservist under the Uniformed Services Employment and Reemployment Rights Act, a new Justice Department complaint said.

According to the complaint, filed Monday, the airline allegedly violated USERRA when they denied Lieutenant Colonel Daniel Fandrei sick leave during active duty stints in 2012 and 2013.

Fandrei, an Air Force service member from 1990 to 2016, served as a KC-10 pilot in Southwest Asia during his 2012 and 2013 deployments.

“Individuals who serve bravely in our armed forces should be treated fairly by their employers while they are actively deployed,” said Principal Deputy Associate Attorney General Bill Baer. “Through the department’s newly-created Service Members and Veterans Initiative, we will continue to build on our strong ties with federal partners and continue using every tool at our disposal to protect the rights of the men and women who serve in our armed forces.”

The lawsuit filed by the United States seeks damages equal to the amount of Fandrei’s lost benefits caused by United’s failure to comply with USERRA. It also seeks an order requiring United to comply with all provisions of USERRA.

“When our servicemembers are deployed in the service of our country, they are entitled to retain their civilian employment and benefits,” said U.S. Attorney Zachary T. Fardon of the Northern District of Illinois, “and to the protections of federal law that prevent them from being subject to discrimination based upon their military obligations.”

Fandrei first filed his complaint with the Department of Labor’s Veterans’ Employment and Training Service, which investigated and eventually referred it to the Justice Department’s Civil Rights Division.

The Justice Department and the U.S. Attorney’s Office of the Northern District of Illinois are collaborating on the lawsuit. The Justice Department said it is prioritizing the enforcement of service members’ rights under USERRA.

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