Donmarcus Woods, a laborer in the Department of Streets and Sanitation, has filed a complaint against the City of Chicago alleging violations of the Uniformed Services Employment and Reemployment Rights Act (USERRA) and the Illinois Service Employment and Reemployment Rights Act (ISERRA). The complaint was filed on May 22, 2024, in the United States District Court for the Northern District of Illinois.
Woods, who serves as a Platoon Sergeant in the Illinois Army National Guard, claims that his military service has led to unfair treatment by his employer. Specifically, he alleges that since beginning his employment with the City on April 15, 2019, he has been denied appropriate promotions, seniority recognition, and compensation due to his military leaves of absence. Woods discovered discrepancies in pay increases compared to non-military employees around May 2020 and sought resolution through various channels including contacting city officials and seeking mediation assistance from the Illinois Attorney General's office. However, these efforts were unsuccessful due to what Woods describes as the City's refusal to provide necessary information and engage meaningfully in resolving the issue.
The complaint details that Woods' time on military leave was not counted towards his seniority upon reemployment, which is a violation under USERRA. According to USERRA provisions (38 U.S.C. §4311(a)), employers are prohibited from denying any benefit of employment based on an individual's uniformed service obligations. Additionally, section 4316 mandates that periods of absence due to military duty should not be considered breaks in employment; hence employees must be treated as though they were continuously employed during their service period.
Woods asserts that these violations have resulted in lost wages and hindered his ability to advance his civilian career. He seeks declaratory relief affirming that his rights under USERRA have been violated and demands all appropriate promotions, benefits, and salaries retroactively applied based on correct seniority status. Furthermore, he requests compensatory damages including statutory damages and penalties, liquidated damages for willful violations by the City under USERRA (38 U.S.C. §4323(d)(1)(C)), prejudgment interest, attorneys’ fees, litigation expenses, court costs, and any other relief deemed appropriate by the court.
In addition to federal claims under USERRA, Woods also invokes ISERRA provisions which similarly protect service members' employment rights within Illinois. The complaint reiterates that ISERRA incorporates sections of USERRA ensuring that military duty periods count towards civilian service requirements for promotions or other employment benefits (330 ILCS 61/5-5). Woods accuses the City of willful violations under ISERRA as well and seeks punitive damages alongside compensatory relief.
Representing Donmarcus Woods is attorney Diana C. Servos from S.T. Legal Group based in Deerfield, Illinois. The case has been assigned Case No.: 1:24-cv-04197 at the United States District Court for the Northern District of Illinois.