The Justice Department has reached an agreement with Oklahoma City Public Schools (OKCPS) to address allegations of discrimination against a U.S. Air Force Reserve member. A federal judge in Oklahoma City approved the settlement, which resolves claims that OKCPS violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) concerning Staff Sergeant Michael J. McCullough.
According to the lawsuit, OKCPS did not renew McCullough's employment contract due to his military deployment and failed to reinstate him upon his return. Deputy Assistant Attorney General Kathleen Wolfe stated, "When servicemembers answer their nation’s call — leaving home and work to serve and protect us — federal law protects them against employment discrimination and unjust termination." She emphasized that veterans should not have to worry about jeopardizing their civilian careers.
U.S. Attorney Robert J. Troester for the Western District of Oklahoma added, "We owe it to our service members to safeguard their employment rights when they are deployed." He noted that protecting these rights prevents financial hardships for servicemembers and their families beyond deployment terms.
The complaint revealed that McCullough was employed as a music teacher at Fillmore Elementary School in January 2022 under a contract for the school year. Despite being informed by his principal of her desire for him to return the following year, McCullough's contract was not renewed after he was called for military service in February 2022. During his deployment, OKCPS advised him that his contract would not be extended for the 2022-2023 school year and refused his requests for reemployment upon returning from active duty.
Under the agreement, OKCPS will compensate McCullough with monetary damages and revise its policies, practices, and training programs to prevent future USERRA violations.
USERRA is designed to prohibit employment discrimination based on military status or obligations while protecting servicemembers' rights to retain civilian jobs after military service absences. The Justice Department prioritizes enforcing these rights, with additional information available on its websites as well as on the Department of Labor’s site.
The case was referred by the Department of Labor following an investigation by its Veterans’ Employment and Training Service. It is being handled by Assistant U.S. Attorney Emily Fagan along with Senior Trial Attorneys Robert Galbreath and Kathleen Lawrence from the Civil Rights Division’s Employment Litigation Section.