LIBERTY – The United States Attorney for the Southern District of New York, Damian Williams, announced last week that the United States has obtained a Consent Decree against Liberty Central School District in a lawsuit for violations of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). The lawsuit has been filed on behalf of teacher and U.S. Army National Guard member John Chewens. 

The complaint filed in Manhattan federal court alleges that Liberty did not follow the salary schedule by which a teacher’s base annual salary is determined by the teacher’s step. According to the press release from the U.S. Attorney’s Office of the Southern District of New York, teachers typically progress one step per school year. 

“Our courageous soldiers, who often leave behind their families and loved ones to serve this country, should not return from their military deployments only to find that they have fallen behind in their civilian jobs,” said Williams. “This Office is dedicated to ensuring that service members like Captain John Chewens receive all the protections that USERRA guarantees, and we will hold employers responsible when they refuse to honor those guarantees.”

The complaint reads that Chewens began teaching at Liberty in the 2016-17 school year and was paid at step one, then progressed to step 2 at the start of the 2017-18 school year. Starting in March 2018, Chewens was ordered to report for active duty in support of Operation Enduring Freedom and did not return to teaching until April 2019. 

The complaint continues to say that when Chewens returned to teaching, he was denied the step increase that he would have normally received if not for his absence due to deployment. His annual base salary during the 2018-19 school year and subsequent years was then less than it should have been. Chewens voluntarily resigned from the teaching position in August 2024. 

Per a statement from Liberty Central School District on November 15, they attempted to resolve the matter without litigation on or around September 15, 2022, by offering Mr. Chewens and the Liberty Faculty Association a proposed memorandum of agreement which would have resulted in Mr. Chewens receiving the payment of the salary step increase that he sought. However, the proposed memorandum was denied. 

Following Chewens’ resignation, the Board of Education decided to enter into the Consent Decree to avoid the cost and local taxpayer burden of defending federal litigation, according to the district’s statement. 

The Consent Decree reads that Liberty denied a salary increase for that school year because he did not work at the school district for at least five months during the preceding school year. Service members who have their employment interrupted by more than 90 days of military service are guaranteed by USERRA to be paid at the same rate that they would have earned absent their military service. 

As a result, the Consent Decree requires Liberty to pay Chewens, within 30 days from the date of entry, $10,000 in damages, which includes the $5,992.04 in pay that he did not receive due to their violations. Liberty is also demanded to avoid future violations of USERRA by the Consent Decree. 

Liberty CSD is also required to incorporate the following statement into its Board of Education policy within 60 days of the Decree entry (Wednesday, November 13) and communicate it to Executive and Administrative Staff no less than seven days from the entry of the Decree:

“The Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”) prohibits employers from discriminating against military service members in employment and hiring. USERRA also guarantees that service members whose employment is interrupted by more than 90 days of military service are, upon their return to the employer, paid at the same rate that they would have earned absent their military service.  Even if an employee would not otherwise be eligible to advance a step in the salary schedule because of an absence, the employee must receive a step increase if the employee’s absence is due to his or her military service.”

“The District respects and honors its veterans and active military service members, including any District employees who may be engaged in active military service,” read the district’s statement. “The District is firmly committed to fulfilling the terms of the Consent Decree.”