WASHINGTON – The Justice Department announced today the filing of a complaint in U.S. District Court in Arizona against Home Depot U.S.A. Inc. for violating the employment rights of  California Army National Guard soldier Brian Bailey under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).

The department’s complaint alleges that Home Depot willfully violated USERRA by terminating Bailey’s employment because of his military service obligations.  Bailey, an Iraq War veteran, worked at a Home Depot store in Flagstaff, Ariz., as a department supervisor while at the same time serving in the California Army National Guard.  Throughout his employment with Home Depot, Bailey took periodic leave from work to fulfill his military obligations with the National Guard.  According to the Justice Department’s complaint, Bailey was removed from his position as a department supervisor after Home Depot management officials at the Flagstaff store openly expressed their displeasure with his periodic absences from work due to his military obligations and further indicated their desire to remove him from his position because of those absences.

Bailey initially filed a complaint with the Labor Department’s Veterans’ Employment and Training Service, which investigated the matter, determined that the complaint had merit and referred the matter to the Justice Department.  The Justice Department’s Civil Rights Division subsequently decided to represent Bailey in this matter and filed this lawsuit on his behalf. 

USERRA prohibits employers from discriminating against National Guard soldiers, such as Bailey, with respect to employment opportunities based on their past, current or future uniformed service obligations.  Under USERRA, it is unlawful for an employer to terminate an employee because he has to miss work due to military obligations.

Among other things, the suit seeks compensation for Bailey’s lost wages and benefits, liquidated damages and reinstatement of Bailey’s employment with Home Depot.

“The men and women who wear our nation’s uniform need to know that they do not have to sacrifice their job at home in order to serve our country,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division.  “The Civil Rights Division is committed to aggressive enforcement of USERRA to protect the rights of those who, through their bravery and sacrifice, secure the rights of all Americans.”

“The National Guard is composed primarily of civilian men and women who serve their country, state and community on a part-time basis,” said Acting U.S. Attorney Ann Birmingham Scheel.  “National Guard members, and their employers, should know that we will employ all of USERRA’s tools to protect the employment rights of those in uniform while they sacrifice time away from their families and jobs for training and active duty.”

This case is being handled by the Employment Litigation Section of the Justice Department’s Civil Rights Division and the U.S. Attorney’s Office for the District of Arizona. 

Additional information about USERRA can be found on the Justice Department websites www.usdoj.gov/crt/emp and www.servicemembers.gov, as well as the Labor Department website www.dol.gov/vets/programs/userra/main.htm.