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Airline settles USERRA class-action suit

American Airlines has agreed to a settlement in a class action lawsuit alleging that the airline violated the rights of pilots who are military reservists, by not allowing them to accrue vacation and sick leave benefits while on military leave, according to the Justice Department.

If approved by the U.S. District Court in Dallas, the settlement agreement will require American Airlines to pay the class of 353 pilots a combined total of $345,772 for the loss of vacation and sick leave benefits, and provide currently employed pilots with sick leave credits at an estimated value of $215,000, according to a press release from the Justice Department.

The lawsuit is the first class action brought by the Justice Department under the Uniformed Services Employment and Reemployment Rights Act of 1994. The lawsuit was filed in 2006, after a referral from the Labor Department’s Employment and Training Service.

The airline also will be required to modify its existing policies and practices to ensure that in the future, all pilots who are called to serve in the military will continue to accrue appropriate vacation and sick leave. Information was not immediately available about whether the changes would affect other reservists who work for American Airlines in jobs other than pilots.

“No member of the military should be disadvantaged for choosing to serve our country and for answering the call of duty,” said Attorney General Michael Mukasey, in a statement announcing the settlement. “The Department of Justice remains committed to protecting the employment rights of all Americans serving in the armed forces.”

“The Department of Labor and the Department of Justice are working in tandem to vigorously protect the employment rights of the men and women who bravely serve in America’s armed forces,” said Labor Secretary Elain Chao said in a statement. “By successfully concluding this first-ever USERRA class action lawsuit, we have helped more than 300 service members who just wanted their benefits back after answering the call to duty.”