University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name McCullough v. City of Independence, Missouri EE-MO-0100
Docket / Court 05-0946-CV-W-FJG ( W.D. Mo. )
State/Territory Missouri
Case Type(s) Equal Employment
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
On October 7, 2005 the United States Department of Justice ("D.O.J.") filed a lawsuit under Uniformed Services Employment and Reemployment Act of 1994, 38 U.S.C. §§ 4301-4333 ("USERRA"), in the US District Court for the Western District of Missouri, against the City of Independence, Missouri. ... read more >
On October 7, 2005 the United States Department of Justice ("D.O.J.") filed a lawsuit under Uniformed Services Employment and Reemployment Act of 1994, 38 U.S.C. §§ 4301-4333 ("USERRA"), in the US District Court for the Western District of Missouri, against the City of Independence, Missouri. The D.O.J asked the court for injunctive and compensatory relief, alleging that the defendant had violated USERRA by suspending and placing on probation a firefighter because of his failure to provide unnecessary documentation related to his active military service.

Specifically, the complaint alleges that the City of Independence, Missouri violated USERRA by: (1) requiring the firefighter to provide official military orders or an official memorandum or letter to indicate that he was absent for military purposes, suspending him from employment, and placing him on a six month probationary period; and (2) failing and refusing to take appropriate action to remedy the effects of the violations described above, including failing and refusing to pay the firefighter for the period he was not allowed to work due to his suspension and to clear his personnel profile of any wrongdoing in this matter.

On December 6, 2005, the District Court (Judge Fernando J. Gaitan Jr.) entered the consent decree agreed upon by the parties. The consent decree provides that the defendant: (1) shall not take any action against any person which constitutes retaliation or interference with the exercise of such person's rights under USERRA, or because such person gave testimony or assistance or participated in any manner of proceeding or investigation connected with this case; (2) shall compensate the firefighter for the loss of monetary compensation incurred as a result of suspension and probation; (3) acknowledge that any advance written or verbal notification of an obligation or intent to perform service in the uniformed services provided to an employer by the employee who will perform such services or by the uniformed service in which such service is to be performed constitutes adequate and proper notice of military leave; (4) shall not discipline any employee for failing to provide notice for military leave when these requirement are met.

The case was closed on December 6, 2005.

James Floyd - 11/06/2007


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Issues and Causes of Action
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Issues
Affected Gender
Male
Defendant-type
Fire
Discrimination-area
Accommodation / Leave
Pay / Benefits
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) City of Independence, Missouri
Plaintiff Description A firefighter who took leave to attend military drills as an army reserve
Indexed Lawyer Organizations U.S. Dept. of Justice Civil Rights Division
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
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 not on record
Case Closing Year 2005
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)
05-0946-CV-W-FJG (E.D. Mo.) 12/06/2005
EE-MO-0100-9000.pdf | Detail
General Documents
Complaint 10/07/2005
EE-MO-0100-0001.pdf | External Link | Detail
Consent Decree 12/06/2005
EE-MO-0100-0002.pdf | External Link | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Gaitan, Fernando J. Jr. (W.D. Mo.)
EE-MO-0100-0001 | EE-MO-0100-0002 | EE-MO-0100-9000
Monitors/Masters None on record
Plaintiff's Lawyers Avila, David Pablo (District of Columbia)
EE-MO-0100-0001 | EE-MO-0100-9000
Palmer, David J. (District of Columbia)
EE-MO-0100-0001
Schlozman, Bradley (District of Columbia)
EE-MO-0100-0001
Thomas, Charles M. (Missouri)
EE-MO-0100-0001 | EE-MO-0100-9000
Woodard, Karen D. (District of Columbia)
EE-MO-0100-0001
Defendant's Lawyers Garner, B Allen (Missouri)
EE-MO-0100-9000
Other Lawyers None on record

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