The Justice Department sued The Home Depot U.S.A. Inc. claiming the company violated the federal law when it allegedly fired an employee because of his military obligations.
The department filed the workplace discrimination lawsuit on April 5 in Arizona U.S. District Court. The complaint alleges that The Home Depot fired Brian Bailey, a California Army National Guardsman, on May 25, 2010. He was hired as for a sales associate role in November 2007 and was later promoted to a department supervisor, according to the Army Times.
The discrimination lawsuit claims that Baileys superiors expressed their intentions to remove him from his position as a supervisor because of the leave from work he required due to his military obligations.
The Justice Department claims that The Home Depot violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), which protects employees from discrimination due to their past, current or future military duties.
Officials at The Home Depot deny guilt and maintain that Bailey was provided with time off for military service and training when he asked for it.
The Justice Department asks that the company reinstate Bailey to the appropriate position and that he receive compensation for lost wages and other benefits. It also wants the court to stop The Home Depot from taking any action against Bailey or any other service member that violates USERRA.
If you think you may have experienced workplace discrimination, contact Sokolove Law for a free legal consultation.