Military Discrimination Leads to USERRA Lawsuit Against OKC Public Schools

Military service members should never have to choose between their civilian careers and their duty to serve. The Uniformed Services Employment and Reemployment Rights Act (“USERRA”) lawsuit, filed by the U.S. Department of Justice (DOJ) on behalf of Air Force Reserve Staff Sergeant Michael McCullough against Oklahoma City Public Schools (“OKCPS”), focuses on this problem of military discrimination in the workplace.

The lawsuit, filed in the U.S. District Court for the Western District of Oklahoma, alleges that OKCPS violated USERRA by failing to renew McCullough’s employment contract and refusing to rehire him after he served in the Air Force.  McCullough had been a music teacher at an OKCPS elementary school in January 2022.  Although his contract ran until the end of the year, and the school’s principal had told McCullough she wanted him to return the following year, McCullough was ordered to perform military service in February 2022.  The principal suggested it would be easier for McCullough to resign from his teaching position, and the OKCPS informed McCullough that his contract would not be renewed less than a month later.  The OKCPS then refused McCullough’s repeated requests for reemployment during and upon his return from active duty.

The case was resolved through a consent decree, with OKCPS agreeing to pay $60,000 and implement policy changes to prevent future violations.

What counts as military discrimination under USERRA?

USERRA protects military members from workplace discrimination and safeguards their right to reinstatement after their service. Service members who have faced workplace bias or job loss due to their military commitment may be entitled to reinstatement, back pay, and other legal remedies.

Under USERRA, it is illegal for employers to discriminate against employees based on their past, present, or future military service. This means that service members, reservists, and National Guard members must be given:

• Job protection when returning from active duty
• Fair treatment in hiring, promotions, and workplace policies
• Freedom from retaliation for asserting their USERRA rights

What Military Service Members Should Know

Employers must follow USERRA guidelines to ensure fair treatment of service members. Your rights may have been violated if:

• You were fired, demoted, or denied a promotion because of your military service

• Your employer refused to reinstate you in your previous job after military leave

• You lost seniority, benefits, or pay because of your military obligations

• You experienced retaliation for filing a complaint about military discrimination

Many service members worry that filing a complaint could impact their current job or future employment. However, USERRA includes strong protections against employer retaliation, meaning:

• Employers cannot fire, demote, or discipline employees for asserting their rights

• Employers cannot provide negative references related to military status

• Employees who experience retaliation may be eligible for additional damages

Do I Need a Lawyer to File a USERRA Complaint?

Employees can file a USERRA complaint with the U.S. Department of Labor’s Veterans’ Employment and Training Service (VETS). However, if an employer refuses to comply or disputes the claim, legal action may be necessary.

An experienced attorney can help gather evidence to prove military discrimination, negotiate with the employer for a fair resolution, and file and litigate a USERRA lawsuit if the employer refuses to comply