CLEVELAND, Ohio — The Justice Department announced a settlement today resolving a lawsuit against U.S. Development Corporation, doing business as Akro-Plastics. The lawsuit alleged violations of the Uniformed Services Employment and Reemployment Rights Act (USERRA) against Ohio National Guardsman Staff Sergeant Nicholas Whitman.
“Sergeant Whitman served his country honorably, and federal law protects his right to return to his job without penalty,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This settlement ensures he receives the compensation he deserves and that Akro-Plastics understands its obligations under USERRA.”
The lawsuit alleged Akro-Plastics denied Whitman a promotion to a human resources position and ultimately forced him to leave his job due to his military service. According to the complaint, Whitman began working at Akro-Plastics in June 2022 and applied for the HR position in September. He went through interviews, but supervisors cited his upcoming deployment with the National Guard as a reason for not promoting him.
“Our service members deserve employment opportunities free from discrimination,” said U.S. Attorney Rebecca C. Lutzko for the Northern District of Ohio. “This settlement sends a message that the U.S. Attorney’s Office will vigorously defend USERRA rights for all who serve our nation.”
Whitman deployed for three months from December 2022 to April 2023. After returning, he faced a hostile work environment and was forced to leave. Under the settlement, Akro-Plastics will pay Whitman monetary damages and revise its policies and training to prevent future USERRA violations.
The Department of Labor referred the case to the Justice Department following an investigation by its Veterans’ Employment and Training Service.