WASHINGTON, DC – The Justice Department has successfully settled a lawsuit against Akro-Plastics for discriminating against Staff Sergeant Nicholas Whitman based on his military service, violating his employment rights.
The lawsuit claimed that Akro-Plastics failed to promote Whitman to a human resources position due to his military obligations and constructively discharged him upon his return from service. This case highlights the enforcement of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), designed to protect the civilian employment of national servicemembers.
Assistant Attorney General Kristen Clarke emphasized that federal law ensures servicemembers are not disadvantaged in their civilian careers due to military obligations. U.S. Attorney Rebecca C. Lutzko added that the Northern District of Ohio is dedicated to protecting servicemembers from discrimination.
Sergeant Whitman, employed by Akro-Plastics since June 2022, faced promotion denial after three interviews because of an upcoming three-month military deployment. Experiencing management hostility post-deployment, he was compelled to leave. As part of the settlement, Akro-Plastics will compensate Whitman and update its policies to comply with USERRA.
The Department of Labor referred the case after an investigation by its Veterans’ Employment and Training Service, marking a significant step towards enforcing servicemembers’ employment rights.