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Returning Army Reservist's Lawsuit Alleges Demotion Upon Return To Work For Court Clerk

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By ELAINE SILVESTRINI | The Tampa Tribune

Published: October 15, 2007

Updated: 10/15/2007 05:51 pm

TAMPA – The Department of Justice has sued the Hillsborough County Circuit Court clerk on behalf of an employee it says was demoted when she was called up to serve in the Army Reserves.
The complaint filed in U.S. District Court alleges Tracy Y. Marshall worked as a supervisor of the Court Clerk II Section when she was called to active duty in August 2005.
When she returned that October, she was transferred from the Felony Department to its Traffic Department at a lower rate of pay.
Under the Uniformed Services Employment and Reemployment Rights Act of 1994, employers are required to re-employ returning reservists in the same positions that they would have held had they not been called to active duty.
Circuit Court Clerk Pat Frank issued a statement through spokeswoman Linda Goldstein: "We have done nothing to violate the law. We respect our men and women in the armed forces and the rights they have upon their return to private life."
"This nation values the sacrifices made by its military reservists. No service member should be disadvantaged in the workplace for answering a call to duty" said Rena J. Comisac, acting assistant attorney general for the Civil Rights Division, in a news release. "The Civil Rights Division of the Department of Justice remains committed to fully protecting the employment rights of persons who serve in the armed forces."
Since 2004, the Justice Department's Civil Rights Division has brought 16 complaints under the law involved in this case.

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