The Justice Department has filed a lawsuit against the city of Milwaukee alleging it violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) by refusing to provide a police officer with a make-up promotional examination for detective that he missed while away on active duty military service with the Air National Guard.

While the officer was eventually promoted to detective based upon a subsequent promotional examination, the department contends that he is entitled to have his date for promotion to detective made retroactive, for all purposes, to the date he would have been promoted to detective had the city allowed him to take a make-up examination for the one he missed while on active duty military service.

USERRA prohibits employers from discriminating or retaliating against employees or applicants for employment because of their past, current or future military obligations. Subject to certain conditions, USERRA also requires employers to promptly reemploy returning service members in the position they would have held had their employment not been interrupted by military service, or in a position of like status, seniority and pay. This protection includes opportunities for advancement.

The department's Civil Rights Division has given a high priority to the enforcement of service members' rights under USERRA. This is the 18th USERRA lawsuit the Civil Rights Division has filed in 2009 on behalf of service members.