Robert J. "Bob" Troester U.S. Attorney | U.S. Attorney for the Western District of Oklahoma
A federal judge in Oklahoma City has approved an agreement between the Justice Department and Oklahoma City Public Schools (OKCPS) to address allegations of discrimination against Air Force Reserve Staff Sergeant Michael J. McCullough under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). The lawsuit alleged that OKCPS failed to renew McCullough's contract due to his military deployment and did not reinstate him upon his return.
Deputy Assistant Attorney General Kathleen Wolfe emphasized, "When servicemembers answer their nation’s call — leaving home and work to serve and protect us — federal law protects them against employment discrimination and unjust termination." U.S. Attorney Robert J. Troester for the Western District of Oklahoma added, "We owe it to our service members to safeguard their employment rights when they are deployed."
The complaint detailed that McCullough, employed as a music teacher at Fillmore Elementary School, was ordered for military service in February 2022. After notifying his principal, he was advised it might be easier if he resigned. During his deployment, OKCPS informed him that his contract would not be renewed for the next school year, despite available positions upon his return.
Under the terms of the agreement, OKCPS will compensate McCullough with monetary damages and revise its policies to prevent future USERRA violations. USERRA prohibits employment discrimination based on military status or obligations and ensures servicemembers can retain civilian employment after military duties.
The Department of Labor referred this case to the Justice Department following an investigation by its Veterans’ Employment and Training Service. Assistant U.S. Attorney Emily Fagan and Senior Trial Attorneys Robert Galbreath and Kathleen Lawrence are handling the case.
Further information about USERRA is available on the Justice Department’s websites at https://www.justice.gov/crt/laws-we-enforce and www.justice.gov/servicemembers, as well as on the Department of Labor’s website at www.dol.gov/vets/programs/userra.
