The department’s complaint, filed in May 2009, alleges that the city discriminated against Stacy D. Allen, an African-American and a former part-time patrol officer in the city’s police department, when it did not appoint him as a full-time patrol officer. The complaint alleges that the police department had a history of appointing the most senior part-time patrol officer as a full-time officer when a full-time position became available. However, when Allen, who was the city’s only African-American patrol officer, became the most senior part-time patrol officer and two full-time positions opened, the city appointed two less senior white part-time patrol officers to those positions instead of Allen. The Justice Department’s complaint was based on a charge of discrimination filed by Allen with the Equal Employment Opportunity Commission.

“All Americans are guaranteed the right to know that they can pursue their career of choice without fear of discrimination based on their race,” said Thomas E. Perez, Assistant Attorney General for Civil Rights. “Title VII protects individuals, such as Mr. Allen, from having to suffer discrimination in the workplace. The Justice Department will take swift action against those employers who engage in discrimination, and we appreciate the partnership of the EEOC in these matters.”

The settlement agreement requires that the city not discriminate against on the basis of race, or in any way adversely affect the terms and conditions of employment of, any applicant or person employed in the city’s police department. The agreement also requires that the city provide Allen with a monetary award of $16,000 ($2,250 in back pay and $13,750 in compensatory damages).

The Civil Rights Division is committed to the vigorous enforcement of Title VII. Additional information about the Civil Rights Division is available on its Web sites at http://www.justice.gov/crt/; and http://www.justice.gov/crt/emp/.

The complaint filed in July 2008 alleged that the city of Marion violated the Uniformed Services Employment and Reemployment Rights Act (USERRA) by failing to reinstate Davis in her dispatcher position in the city’s police department following her return from basic training in August 2007. The Labor Department’s Veterans’ Employment and Training Service had investigated Davis’ complaint, determined that it had merit and, upon completion of conciliation efforts, referred the matter to the Justice Department.

Enacted by Congress in 1994, USERRA requires employers to promptly reemploy returning service members in the positions they would have held had their employment not been interrupted by military service, or in positions of like status, seniority and pay.

The consent decree requires Marion to reemploy Davis as a full-time dispatcher at the rate of pay and with the amount of seniority and benefits she would have earned had she remained continuously employed by the city until the present, including during the time of her active duty service in the Alabama National Guard. Since Davis is to be reemployed by the city as a full-time dispatcher, she is also guaranteed a full-time dispatcher position with the Perry County, Ala., Emergency Communication District when Marion’s full-time dispatchers are transferred to the Perry County Emergency 911 Board on or about July 1, 2009. As a full-time Perry County Emergency 911 Board dispatcher, Davis will receive a higher wage and better benefits than she had received as a city of Marion employee.

“Service members should not fear being penalized in their civilian careers because they make the decision to join the military,” said Loretta King, Acting Assistant Attorney General for the Civil Rights Division. “This agreement demonstrates the Justice Department’s commitment to the vigorous enforcement of federal laws that protect the employment rights of men and women who serve our country in the military.”

The Department’s Civil Rights Division has given a high priority to the enforcement of service members’ rights under USERRA. It has filed 16 lawsuits and obtained 18 settlements under USERRA on behalf of service members in 2009. Additional information about the enforcement of USERRA can be found on the Justice Department Web sites http://www.usdoj.gov/crt/emp and http://www.servicemembers.gov, and on the Labor Department’s Web site at http://www.dol.gov/vets/programs/userra/main.htm.