The U.S. Department of Justice has sued the Oklahoma City Public Schools district, alleging the district violated a federal law by failing to protect the reemployment rights of a member of the U.S. Air Force who returned from a deployment. military.
The USDOJ said Wednesday it filed the lawsuit in federal court in Oklahoma City. He alleges the district failed to rehire Air Force Reservist Air Force One Michael J. McCullough to a music teaching position after he was ordered to serve in the military in February 2022.
According to a story on the Sheppard Air Force Base website, McCullough was the band director at Capitol Hill High School in Oklahoma City.
The lawsuit claims the district hired McCullough as a music teacher in January 2022, that his employment contract was for the remainder of the school year and that his site principal told him she wanted him back to teach.
But, according to the lawsuit, when McCullough told the principal about his upcoming military service, the principal suggested it would be easier if McCullough resigned from his teaching position. The suit also alleges that less than a month later, during McCullough’s placement, the district advised him that his contract for the 2022-23 school year would not be renewed, and that the Oklahoma City district later denied McCullough’s repeated requests for employment .
OKCPS has been made aware of the lawsuit by the US Department of Justice and our legal team is reviewing it,” said district spokeswoman Crystal Raymond. “The district will work through the legal process accordingly. We cannot provide any further comment at this time.
The Uniformed Services Employment and Reemployment Rights Act of 1994 protects the rights of uniformed service members to reemployment in their civilian employment following absences due to military service obligations. The law, known as USERRA, provides that service members will not be discriminated against because of their military obligations.
USDOJ said the U.S. Department of Labor’s Veterans Employment and Training Service investigated the case and referred the matter to the Department of Justice at McCullough’s request.
Service members are called to leave home and work to serve and protect us, said Robert Troester, U.S. attorney for the Western District of Oklahoma. It is our duty to ensure that their employment rights are protected once they return home. My office will continue to vigorously defend the rightfully earned rights of those who serve our country.
The lawsuit seeks lost wages, other employment benefits and other remedies. It also seeks liquidated damages because the USDOJ claims this is the second time the district has refused to rehire McCullough after military service, thus requiring USERRA enforcement action.
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