U.S. Attorney Message to Service Members and Veterans

The following appeared in the November 2015 issue of Connecticut Guardian:

As a service member or veteran, you have undoubtedly faced obstacles and challenges both during and after your military service to our Country.  The U.S. Attorney’s Office for the District of Connecticut and the U.S. Department of Justice recognize these challenges and our obligation to protect your rights and interests as service members and veterans.  For over five years, through our Active Duty and Veterans Committee, we have coordinated with federal, state and local agencies and advocates to help ensure that legal protections of your rights are a reality in Connecticut.  We have obtained settlements for veterans and done extensive outreach to military bases, veterans groups, and professional organizations to educate the public about the protections available for service members and veterans.

As we approach Veterans Day, we reiterate our commitment to serve you as you have served our country by outlining our major accomplishments ensuring that service members returning from active duty are not penalized by their civilian employers; that service members and their families overseas do not forfeit their right to vote; and that active duty service members and their families receive the full benefit of the consumer and financial protections provided under law.

Employment Rights and the Uniform Services Employment and Reemployment Rights Act (USERRA)

While you are deployed and working to protect our country, you should be confident that your civilian job will be there when you return home. We enforce the provisions of USERRA to ensure that employment and employment benefits will be reinstated when you return from military service.  The provisions of USERRA protect active duty service members and veterans.  USERRA regulations apply to virtually all civilian employers: federal and state governments, as well as private employers.  Even if you are employed in a temporary job, you may be entitled to USERRA’s protections.

Where employers violate USERRA’s provisions, the Justice Department and the U.S. Attorney's Office can bring an action in federal court on your behalf to obtain injunctive relief, lost wages and benefits, double liquidated damages, as well as attorney fees and costs.  Last year, the Justice Department brought actions on behalf of over 10 service members and collected over $300,000 for violations of USERRA.  Additionally, several years ago in Connecticut, a federal judge ordered a bank that violated USERRA’s provisions to pay $779,000 in back pay, damages, and attorney’s fees to its employee.

Financial and Consumer Protections -- Servicemembers Civil Relief Act (“SCRA”)

When you are preparing for active duty or are returning from active duty, you should not have to worry about your car being repossessed or your home being subjected to an illegal foreclosure without your knowledge.  The provisions of the SCRA protect you by postponing or suspending certain obligations associated with rental agreements, automobile leases, mortgage foreclosures, evictions, security deposits, installment contracts, student loan payments and more.  The SCRA also eases financial burdens and provides some relief from credit obligations and court proceedings while you are on active duty.

Where lenders violate SCRA’s provisions, we can bring an action in federal court to obtain injunctive relief and monetary damages.  For example, the Justice Department recently settled with five of the nation’s largest mortgage service providers for unlawful foreclosures.  Under the settlements, a total of 2,413 service members are eligible to receive over $311 million dollars.  Earlier this year, the Justice Department settled a case with a motor vehicle lender which required the lender to pay $9.35 million to service members whose motor vehicles were illegally repossessed.  Last year, the Department signed a settlement with a student loan servicer, requiring it to pay $60 million to 77,795 service members for overcharging on student loans.

Voting Rights -- Uniformed and Overseas Citizens Absentee Voting Act (“UOCAVA”)

As citizens of the United States, you have a right to vote in elections for federal offices even when you are deployed.  UOCAVA guarantees Americans serving in our uniformed services, their families and U.S. citizens living overseas the right to register and vote absentee in elections for federal office.  Its protections are designed to ensure military and overseas voters a meaningful opportunity to request and receive their absentee ballots in time to vote and have their votes counted.  Protecting the voting rights of our service members and overseas citizens is one of the highest priorities of the Department of Justice.

The Justice Department vigorously enforces UOCAVA, which requires, among other things, that states and territories transmit requested absentee ballots to military and overseas voters at least 45 days prior to federal elections.  Over the years, the Department has gone to court or reached settlement agreements with many states to remedy violations of UOCAVA’s requirements. Since Congress enacted the Military and Overseas Voter Empowerment (MOVE) Act to expand UOCAVA’s protections in 2009, the Department has filed 15 cases and entered numerous out of court agreements to remedy UOCAVA violations and ensure future compliance with its requirements.

For example, prior to the 2014 federal general election in West Virginia, the Department brought a UOCAVA suit and obtained a consent decree to extend the ballot receipt deadline as well as a subsequent court order to count the votes for federal office on ballots submitted by military and overseas voters after the state failed to transmit the final ballots to these voters in a timely fashion.

Americans with Disabilities Act (“ADA”)

The challenges you face on reentry to civilian life may be compounded by issues related to physical injuries, post-traumatic stress disorder, traumatic brain injuries, and/or substance abuse.  The Justice Department and U.S. Attorney's Office enforce the ADA, which protects you and your family members from discrimination on the basis of disability.  The ADA prohibits discrimination and ensures equal opportunity for persons with disabilities in employment (based on complaints referred from the EEOC), state and local government services, public accommodations, commercial facilities, and transportation. Injunctive relief, compensatory damages, and, attorney’s fees are available. The Justice Department and U.S. Attorney's Office may also assess civil penalties.

The Justice Department and U.S. Attorney's Office have an active ADA docket, composed of a wide variety of cases against state and local governments as well as private entities for failing to make reasonable modifications to assist people with disabilities.  Entities that have violated the ADA have been required to pay monetary damages to compensate those impacted.  Recently, the U.S. Attorney's Office settled a case with a local business that refused to allow a veteran to enter with her service dog.  The U.S. Attorney's Office required the local business to make sweeping changes to its policies, train its staff, and post signs on its property notifying the public of their rights.  The Justice Department also recently settled a case against a hotel chain requiring it to pay monetary damages to compensate a veteran and his family who were denied the right to stay in the hotel because of his service animal.    Complaints may be filed in a number of ways including by using our complaint form located on www.ada.gov.

Fair Housing Act (“FHA”)

After serving our Country, some of you may have difficulty securing housing because of discrimination.  The FHA prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status.  The FHA authorizes the court to award injunctive relief, monetary damages and, in some cases, civil penalties.

In one case, the Justice Department sued a landlord for violating the FHA because he refused to allow a veteran to keep an assistance animal in his apartment.  The landlord settled with the Department and agreed to pay the tenant $20,000 in compensation.   In another case, the Department entered into a $300,000 settlement with a mobile home park owner who was alleged to have sexually harassed female tenants of the park, including several women whose husbands were stationed at the nearby army base.

As current or former members of the military, you have sacrificed to protect our nation.   It is our privilege to do everything in our power to enforce the federal laws designed to protect you and your families.  We encourage you to come forward and notify us of any issues or problems you or your families are facing.  We welcome and look forward to hearing from you on how the U.S. Attorney's Office and Justice Department can better help you and your families live securely in this Country that you have helped protect and defend.

Please feel free to call my office with questions, suggestions, and complaints at 203 821 3700 or write to us at Active Duty and Veterans Committee, U.S. Attorney’s Office for the District of Connecticut, Attn: John Fitzgerald, 157 Church Street, 25th Floor, New Haven, CT 06510.  You may also visit http://www.justice.gov/crt-military.

On behalf of the U.S. Attorney’s Office of the District of Connecticut:  Thank you for your service to our Country. We could not be more proud of your dedication and sacrifice. Please know that we are here to serve you and protect your rights.

Deirdre M. Daly was nominated by President Barack Obama to serve as the 51st U. S. Attorney for the District of Connecticut.  Ndidi N. Moses is an Assistant U.S. Attorney and the Civil Rights Coordinator for the Civil Division.