Port St. Lucie has settled a race discrimination claim filed by a demoted meter reader for $60,000 and a promotion. The black woman filing the suit was a meter reader supervisor when she was called away for duty in the Army Reserve. Upon returning, she found she had been demoted and a white male now held her position.
Further, she maintained her new supervisor orally harassed black employees and treated white employees better. The city claimed the woman had merely been “transferred.” But rather than test that dubious assertion in court, the city elected to settle. Under the settlement agreement, the woman was awarded $60,000 and returned to her former position.
Advice: It’s a risky move to demote or fail to return to their former positions employees absent for military duty. Reservists and National Guard members have rights under the Uniformed Services Employment and Reemployment Rights Act (USERRA). Unlike other employment laws, USERRA grants protected employees broad rights that may conflict with conventional notions of at-will employment.
Returning reservists generally are entitled to reinstatement to their former jobs at the same rate of pay, including any raises they normally would have received in the time they were gone. Check with your attorney before pursuing any other course.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/3386/city-settles-meter-readers-race-claim "
- Your obligation to accommodate religion begins when employee requests it
- Supreme Court rejects EEOC's broad definition of 'supervisor'
- The Genetic Information Nondiscrimination Act finally becomes law
- Hiring independent contractor? Be prepared to document that he's not an employee
- Radical change to worker's schedule lets him win unemployment benefits