Filed Date: March 1, 2006
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On March 1, 2006, plaintiff, a disabled veteran, brought suit in the U.S. District Court for the District of Oregon under 38 U.S.C. §§4311, 4312, and 4313 of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) against Roadway Express, Inc. The plaintiff, represented by the U.S. Department of Justice, ask the court for declaratory relief and injunctive relief reinstating the plaintiff to an equivalent position as he would have occupied had he remained employed at Roadway, as well as damages equal to lost wages, claiming that his discharge by Roadway violated USERRA.
The plaintiff began working for Roadway, Inc. as a truck driver in 1998. In 1999, the plaintiff informed Roadway that he had enlisted in the U.S. Army. Immediately after being informed, Roadway demanded the plaintiff's resignation, which he did not give. Plaintiff went on active duty in 1999. In 2000, the plaintiff received a flu shot while on active duty, after which he contracted a staph infection, endocarditis, and a vertebral bone infection rendering him disabled. As a result of his disability, the Army honorably discharged him in 2001. Upon the plaintiff's return to Roadway from active duty, he was falsely informed that only reservists were protected under USERRA. Plaintiff underwent a fit-for-duty medical examination, which found that, while he could not work in his previous position as a result of his disability, he could adequately fill several other positions at Roadway. Nevertheless, Roadway informed the plaintiff that, because he could not return to his duties as a truck driver, Roadway would not return him to work. Roadway never discussed with the plaintiff any other position of equal seniority, status, and pay as required by USERRA.
In November of 2006, the parties entered into a confidential settlement agreement, and the court dismissed the case.
Summary Authors
Kevin Nomura (3/2/2015)
Hubel, Dennis James (Oregon)
Evans, Neil J. (Oregon)
Hammond, Kristofor J (District of Columbia)
Immergut, Karin Johanna (Oregon)
Eckelberry, Rodger L. (Ohio)
Hubel, Dennis James (Oregon)
Last updated April 1, 2024, 3:04 a.m.
State / Territory: Oregon
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: March 1, 2006
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Honorably discharged veteran rendered disabled by endocarditis and vertebral bone infection while on active duty seeks to return to same or equivalent job with his former employer.
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Attorney Organizations:
U.S. Dept. of Justice Civil Rights Division
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Roadway Express, Inc. (Overland Park), Private Entity/Person
Defendant Type(s):
Case Details
Causes of Action:
Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. § 4301
Available Documents:
Outcome
Prevailing Party: Mixed
Nature of Relief:
Source of Relief:
Form of Settlement:
Issues
General:
Discrimination-area:
Discharge / Constructive Discharge / Layoff
Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)
Discrimination-basis: