Attorneys with the U.S. Department of Justice (”DOJ”) announced in two recent DOJ Press Releases that the DOJ has filed its 15th and 16th military leave lawsuits this year under the Uniformed Services Employment and Reemployment Rights Act (”USERRA”).  In a June 18, 2009 DOJ Press Release, Justice Department attorneys announced that the DOJ has entered into a consent decree with the City of Marion Alabama which, if approved by an Alabama court, will resolve the Department’s USERRA lawsuit filed against the City on behalf of a member of the Alabama Army National Guard.  In that case, the Department alleged that the City of Marion violated USERRA by failing to reinstate the guard member following her return from basic training in August 2007.  See, http://www.usdoj.gov/opa/pr/2009/June/09-crt-603.html .  Prior to this, the DOJ announced in a June 15, 2009 Press Release that it filed a lawsuit against the State of Nevada and its Office of the State Controller alleging USERRA violations which included refusing to promptly reemploy a colonel in the U.S. Army Reserve when he returned from active duty and then by firing him after he filed a USERRA complaint.  See, http://www.usdoj.gov/opa/pr/2009/June/09-crt-592.html .  According to that DOJ Press Release, the colonel was Nevada’s chief deputy controller when he was called to active duty in 2003.  After he was honorably discharged in April 2008, the colonel sought reemployment with the State of Nevada, and the Justice Department’s complaint alleges that the state initially offered him a job but at considerably less pay and status and then withdrew that offer and backdated his termination after he filed a USERRA complaint.

Enacted by Congress in 1994, USERRA requires employers to promptly reemploy returning service members in the position they would have held had their employment not been interrupted by military service or in a position of like status, seniority and pay.  In addition, USERRA also prohibits employers from retaliating against service members for exercising their rights under USERRA.  The Department’s Civil Rights Division has given high priority to the enforcement of service members’ rights under USERRA.  In this regard, the DOJ has filed 16 lawsuits and obtained 18 settlements under USERRA on behalf of service members in 2009.

Whether employment related discrimination against service members occurs in Dallas, Houston, San Antonio or elsewhere, military service victims may contact the DOJ and an attorney or lawyer to determine if a military leave lawsuit may ultimately be appropriate under the particular circumstances and facts of the potential employment discrimination claim.

Attorneys for an Austin family have filed a wrongful death lawsuit against an Austin police officer and the City of Austin, alleging that racial discrimination and excessive force lead to a May 11 shooting in which a sleeping 18 year-old African-American youth was reportedly taken from a car and fatally shot.  See, Plohetski, Tony, “Sanders Family Sues Over Fatal Police Shooting,” Austin American-Statesman, 6/3/09, http://www.statesman.com .  According to the article, police have said that the officer had been investigating whether a Mercedes-Benz station wagon in which the youth was sleeping was linked to gunfire at an East Austin apartment complex when the officer fired after the youth allegedly reached for a weapon.  However, the civil rights lawsuit charges that the officer detained the driver at Walnut Creek Apartments, returned to the vehicle where the youth was sleeping, opened the backdoor, attempted to drag the sleeping teenager out of the car, overreacted, pulled out his gun and repeatedly shot the youth in the head and body.  In addition, the lawsuit claims that the City had practices in place at the time of the shooting that contributed to the alleged civil rights violation, including inadequate supervision of officers concerning use of force, the use of excessive deadly force against minorities and inadequate training of officers on how to approach sleeping subjects.

Whether allegedly unlawful police shootings or police abuse and discrimination occurs in Abilene, Amarillo, Austin or elsewhere, victims of police misconduct may make internal complaints to the officer’s employer and contact federal law enforcement agencies such as the Department of Justice, as well as an attorney or lawyer to determine if charges and an excessive force lawsuit may ultimately be appropriate under the particular facts and circumstances of the potential civil rights violation claim.

Attorneys with the U.S. Department of Justice (”DOJ”) announced in a June 16, 2009 DOJ Press Release that two Oregon men have been sentenced to serve time in federal prison for conspiring to deprive individuals of their civil rights.  See, http://www.usdoj.gov/opa/pr/2009/June/09-crt-595.html .  According to the DOJ Press Release, both defendants were ordered to serve three years of supervised release after fulfilling their prison terms and pay restitution to the victims.  As stated in the Press Release, Defendant Moss poured a flammable liquid in the shape of a cross and the letters KKK on the front lawn of a residence leased by an African-American, his Hispanic wife and their two small children, and Defendant Klausegger then handed Moss a small explosive device which Moss used to start a fire on the lawn.  The fire was close enough to the victims’ house to endanger the dwelling and its occupants, including the couple’s two small children, but a neighbor fortunately grabbed a water hose and extinguished the fire before the victims could be harmed.  In connection with their guilty please, the Defendants admitted that they acted with the intent to interfere with the victims’ rights under the Fair Housing Act because they knew that the person who leased the residence was African-American.  A DOJ attorney was quoted in the Press Release as saying that “Crimes motivated by racial hatred are an abomination in a civilized society.” 

Whether hate crimes based on race occur in Dallas, Houston, San Antonio or elsewhere, hate crime victims may contact federal authorities such as the DOJ and an attorney or lawyer to determine if criminal charges or a race discrimination lawsuit may ultimately be appropriate under the particular circumstances and facts of the potential hate crime claim.

Attorneys with the Equal Employment Opportunity Commission (”EEOC”) announced in a June 17, 2009 EEOC Press Release that an international military contractor will pay $110,000.00 and furnish other relief to settle an employment discrimination lawsuit filed by the EEOC in Arizona.  According to the EEOC Press Release, agency attorneys charged in the lawsuit that the company discriminated against three female temporary employees by paying them less than male employees who performed the same job duties and by not making them permanent employees.  See, http://www.eeoc.gov/press/6-17-09a.html . 

Whether employment related unequal pay occurs in New Braunfels, San Marcos, San Antonio or elsewhere, victims of pay discrimination may contact the EEOC and an attorney or lawyer to determine if an equal pay lawsuit may ultimately be appropriate under the particular circumstances and facts of the potential pay discrimination claim.

Attorneys with the Equal Employment Opportunity Commission (”EEOC”) announced in a June 18, 2009 EEOC Press Release that the federal agency filed a sexual harassment and retaliation lawsuit against an Oregon nursery business in which the EEOC charges, in part, that one female worker was taken to remote areas of the farm by the company foreman and raped repeatedly over the span of several months.  See, http://www.eeoc.gov/press/6-18-09a.html .  According to the EEOC Press Release, when the victim refused to be sexually assaulted yet again, she was fired.  In addition, the Press Release stated that another female worker faced daily sexual innuendos and propositions for sex as well as grabbing and touching, and when she and her husband, who also worked there, reported sexual harassment by a crew leader, the employer failed to investigate or respond to their complaint, culminating in their being fired for having reported and opposed sexual harassment.  The EEOC is the federal agency charged with enforcing federal laws prohibiting employment discrimination.  Further information about the EEOC may be located in the agency’s website at www.eeoc.gov .

Whether employment related sexual harassment and retaliation occurs in Bay City, Freeport, Port Lavaca or elsewhere, victims of a hostile work environment may contact the EEOC and an attorney or lawyer to determine if a sexual harassment lawsuit is ultimately appropriate under the particular circumstances and facts of the potential employment discrimination claim.

Attorneys with the Equal Employment Opportunity Commission (”EEOC”) announced in a June 15, 2009 EEOC Press Release that a San Antonio maintenance company and real estate management company will pay $29,500 and furnish other relief to settle a sex discrimination lawsuit filed by the attorneys in San Antonio, Texas.  See, http://www.eeoc.gov/press/6-15-09a.html .  According to the EEOC Press Release, the company’s violated federal law by allegedly firing a day porter at a San Antonio building because of her sex.  As stated in the Press Release, the sex discrimination lawsuit charged that the day porter was fired after a health related absence from work and was replaced by a man who had no more mechanical and maintenance experience than she had.  In addition, the EEOC claimed that she was not re-hired in retaliation for her filing a sex-based discrimination complaint with the EEOC.  The EEOC is the federal agency charged with enforcing federal laws prohibiting employment discrimination, and the alleged conduct violates Title VII of the Civil Rights Act of 1964.  An EEOC trial lawyer was quoted in the Press Release as saying that “As a result of the EEOC’s actions, both of these companies recognized their obligations to provide their employees with a workplace free of sex-based discrimination and an environment where their employees feel comfortable to bring complaints to members of management.”  Further information about the EEOC is available at www.eeoc.gov .

Whether workplace gender or sex discrimination occurs in New Braunfels, San Marcos, San Antonio or elsewhere, victims of employment related sex discrimination may contact the EEOC and an attorney or lawyer to determine if an employment discrimination lawsuit is ultimately appropriate under the particular circumstances and facts of the potential sex discrimination claim.

An attorney for former Houston Texans offensive lineman Fred Weary announced that the federal civil rights lawsuit Weary filed against the City of Houston after Weary was shocked with a taser by police officers during a traffic stop has been dropped.  http://www.chron.com/disp/story.mpl/sports/6465442.html .  In a Chron.com article by Brian Rogers, Weary’s attorney stated that Weary just wanted to see changes and the taser use study called for by the Mayor as well as Weary’s meeting with a Houston Assistant Police Chief convinced Weary that his goals in filing the lawsuit had been met.  According to the article, Weary’s attorney filed the civil rights lawsuit in Houston alleging that Weary’s constitutional rights had been violated by excessive force, malicious prosecution, assault and false imprisonment.

Attorneys with the U.S. Department of Justice (”DOJ”) announced in a June 11, 2009 DOJ Press Release that a Chicago police officer has been sentenced to 40 months in federal prison for violating the federal civil rights of a man whom the officer struck repeatedly with a dangerous weapon while the man was handcuffed and shackled in a wheelchair.  See, http://www.usdoj.gov/opa/pr/2009/June/09-crt-581.html .  According to the DOJ Press Release, the police officer pleaded guilty and admitted that he used excessive or unreasonable force while acting under the color of law after being charged in April 2008 with depriving the victim of his civil rights.  In pleading guilty, the police officer admitted that on August 2, 2005, while performing his duties as a police officer, he used a “sap” - a dangerous weapon similar to a blackjack - to repeatedly strike the victim, who was handcuffed and shackled in a wheelchair at a Chicago hospital, resulting in bodily injury.  As stated in the Press Release, the victim was awaiting treatment in the hospital after being stabbed in the shoulder.  A DOJ attorney was quoted in the Press Release as saying that “No law enforcement officer may use unreasonable force with impunity and every citizen, regardless of being in police custody, has a Constitutional right to be free from the use of excessive force.”

Whether police officer use of unreasonable force occurs in Bay City, Freeport, Port Lavaca, or elsewhere, victims of police brutality may contact the DOJ and an attorney or lawyer to determine if criminal charges or an excessive force lawsuit may ultimately be appropriate under the particular facts and circumstances of the potential unlawful force claim.

Attorneys with the Equal Employment Opportunity Commission (”EEOC”) announced in a June 11, 2009 EEOC Press Release that a mining company and staffing firm will pay $115,000.00 to settle a sex discrimination lawsuit in which EEOC attorneys charged that women security guards were discriminated against because of their sex.  See, http://www.eeoc.gov/press/6-11-09a.html .  More specifically, the EEOC Press Release stated that once the women complained about sexual harassment, they were prevented - either by layoffs or transfers - from working at a mine site run by the mining company, although security jobs were available to men.  An EEOC attorney was quoted in the Press Release as saying that “The EEOC is determined to protect the civil rights of all workers, and that includes protecting their right to protest illegal mistreatment.”  In this regard, the EEOC enforces federal laws prohibiting employment discrimination, including sex discrimination and sexual harassment.  Further information about the EEOC is available in the agency’s website at www.eeoc.gov .

Whether workplace sex or gender discrimination occurs in Odessa, Waco, Wichita Falls, or elsewhere, victims of employment discrimination based on sex may contact the EEOC and an attorney or lawyer to determine if a sexual harassment discrimination lawsuit may ultimately be appropriate under the particular facts and circumstances of the potential employment harassment claim.

Attorneys with the Equal Employment Opportunity Commission (”EEOC”) announced in a June 11, 2009 EEOC Press Release that an eight person federal jury has returned a unanimous verdict in favor of the EEOC in a sexual harassment lawsuit against Autozone, Inc., the Memphis Tennessee based national auto parts retail giant.  See, http://www.eeoc.gov/press/6-11-09b.html .  According to the EEOC Press Release, the jury ruled that Autozone violated Title VII of the Civil Rights Act of 1964 by subjecting a female employee to a sexually hostile work environment at a Mesa, Arizona store location.  As stated in the Press Release, the employee complained about the sex harassment, but Autozone failed to take immediate and appropriate action to stop it.  The EEOC is the federal agency which enforces federal laws prohibiting employment discrimination, including sex discrimination and sexual harassment.  Further information about the EEOC may be found in the agency’s website at www.eeoc.gov . 

Whether sexually hostile working conditions arise in Brownsville, Laredo, McAllen or elsewhere, hostile work environment victims may contact the EEOC and an attorney or lawyer to determine if a sexual harassment lawsuit may ultimately be appropriate under the particular circumstances and facts of the potential harassment claim.