Justice Department sues Missouri National Guard

The U.S. Department of Justice has filed suit against the Missouri National Guard on allegations it violated federal law.

The Justice Department alleges the MNG violated the Uniformed Services Employment and Reemployment Rights Act, which prohibits employer discrimination based on military service or obligation and prohibits placing additional prerequisites on civilian employees before allowing them to serve in the military, according to a news release.

Filed in the U.S. District Court for the Western District of Missouri, the complaint alleges the MNG violated the USERRA rights of dual technician Kinata Holt by requiring her to resign as a civilian dual technician prior to being called into active duty with the U.S. Army Guard and Reserve.

“Employers have a legal obligation under USERRA to provide promised benefits to individuals who choose to serve in the military,” said Jocelyn Samuels, acting assistant attorney general for the civil rights division, in the release.

Through the suit, the DOJ is seeking a court order prohibiting the MNG from requiring the resignation of civilian dual technicals from their civilian jobs before service in the U.S. Army Guard and Reserve, as well as monetary relief to those who were improperly denied military leave benefits, the release said.