University of Michigan Law School
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Case Name Ortiz v. International Ethical Laboratories EE-PR-0013
Docket / Court 3:05-cv-01267-HL ( D.P.R. )
State/Territory Puerto Rico
Case Type(s) Equal Employment
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
On March 9, 2005, the U.S. Department of Justice ("D.O.J.") filed a lawsuit under Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. §§ 4301-4333 ("USERRA"), in the U.S. District Court for the District of Puerto Rico against International Ethical Laboratories, Inc. ("IEL" ... read more >
On March 9, 2005, the U.S. Department of Justice ("D.O.J.") filed a lawsuit under Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. §§ 4301-4333 ("USERRA"), in the U.S. District Court for the District of Puerto Rico against International Ethical Laboratories, Inc. ("IEL"). The D.O.J. sought injunctive and monetary relief on behalf of an employee who also served in the Army National Guard.

The employee served as an E-4 Specialist in the Army National Guard from 1991 to 2000. In this capacity, the employee performed military duties one weekend a month and two weeks each summer. In January 2003, the employee commenced full-time employment as a pharmaceutical sales representative with IEL. In January 2004, during his employment with IEL, he re-enlisted in the Army National Guard and received written orders to report for active duty to attend 57-day officer basic training courses that was scheduled to begin on January 31, 2004. The employee provided oral and written notice to IEL of his written orders to report for active duty. On March 29, 2004, he attempted to return to work at IEL, but was denied reemployment. IEL discharged the employee on April 2, 2004.

The complaint alleges that IEL discriminated against the employee, denying him reemployment and other employment benefits, and discharging him because of his membership in, or obligation to perform service in, the uniformed services.

On July 26, 2007, a settlement agreement was entered by the consent of the parties whereby (1) the defendant agreed to pay the employee an amount the parties have agreed to keep confidential; (2) IEL agreed to correct all IEL records, including those contained in the employee's personnel file; and (3) IEL agreed to distribute its approved written USERRA policy and provide training to all IEL officers and employees.

We have no further information on this case.

Hyun Jeong Yang - 11/28/2007


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Issues and Causes of Action
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Issues
Affected Gender
Male
Defendant-type
Retailer
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discrimination-basis
Military status discrimination
General
Disparate Treatment
Plaintiff Type
U.S. Dept of Justice plaintiff
Causes of Action Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. § 4301
Defendant(s) International Ethical Laboratories, Inc
Plaintiff Description An individual whose reemployment was denied from original work place due to one's military duties
Indexed Lawyer Organizations U.S. Dept. of Justice Civil Rights Division
Class action status sought No
Class action status granted No
Prevailing Party Mixed
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2006 - 2007
Case Closing Year 2006
Case Ongoing No
Additional Resources
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Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
3:05-cv-01267-HL (D.P.R.) 07/26/2006
EE-PR-0013-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 03/09/2005
EE-PR-0013-0001.pdf | Detail
Settlement Agreement 07/26/2006
EE-PR-0013-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Laffitte, Hector Manuel (D.P.R.)
EE-PR-0013-9000
Monitors/Masters None on record
Plaintiff's Lawyers Embrey, Diana L. (District of Columbia)
EE-PR-0013-0003 | EE-PR-0013-9000
Gadzichowski, John M. (District of Columbia)
EE-PR-0013-0001 | EE-PR-0013-0003
Garcia, H. S. (Puerto Rico)
EE-PR-0013-0001
Lopez, Louis (District of Columbia)
EE-PR-0013-0001 | EE-PR-0013-9000
Munoz-Acosta, Isabelle (Puerto Rico)
EE-PR-0013-9000
Rios-Gandara, Maria H (District of Columbia)
EE-PR-0013-9000
Defendant's Lawyers Gonzalez-Nogueras, Jose R. (Puerto Rico)
EE-PR-0013-9000
Mercado-Ramos, Ivy (Puerto Rico)
EE-PR-0013-0003 | EE-PR-0013-9000
Montanez-Laboy, Kayra D. (Puerto Rico)
EE-PR-0013-9000
Usera, Gregory T. (Puerto Rico)
EE-PR-0013-0003 | EE-PR-0013-9000
Other Lawyers None on record

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