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USERRA class action filed

The U.S. Department of Justice (DOJ) has filed a class action lawsuit charging American Airlines with violating the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). The lawsuit represents the first class action complaint filed by the U.S. under USERRA.

     The DOJ claims that American violated USERRA by reducing the benefits of pilots who took military leave, while not reducing the same benefits for pilots who took time off for non-military reasons, such as illness and union service.

     According to the complaint, American audited the records of pilots who took military leave during 2001. Soon after, the airline began placing pilots who took such leave on “leave of absence” status, which affected their ability to bid on flight schedules based on seniority and to earn paid vacation and sick time. Meanwhile, pilots who took nonmilitary leaves were not placed on leave of absence.

     About 1,000 of the airline’s more than 10,000 pilots are members of the U.S. Armed Forces, serving in National Guard and Reserve units. The suit covers all pilots who have taken military leave since January 2001 and would require American to provide them the employment benefits they have been denied.

     Click here for more information on USERRA.