OSC Obtains Full Relief for Navy Veteran Denied Reinstatement

January 25, 2022

OSC today announced a favorable settlement on behalf of a Navy Veteran wrongfully denied reinstatement as an Air Traffic Controller with the FAA.

The U.S. Office of Special Counsel (OSC) today announced a favorable settlement on behalf of a Navy Veteran wrongfully denied reinstatement as an Air Traffic Controller (ATC) with the Federal Aviation Administration (FAA).  Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), all employers, including the federal government, must restore service members to their jobs promptly after they finish serving their country.

John McFerren was an ATC trainee with the FAA when he left for active duty in the U.S. Navy in March 2010.  In January 2015, as his service was ending, he notified his former manager that he wished to return to the FAA and resume his career.  After the manager told him she could not assist him, McFerren contacted the FAA's Human Resources, which incorrectly advised him he would have to apply for open positions like any new hire, despite the FAA's obligation to promptly reinstate him under USERRA.  Based on that erroneous guidance, McFerren sent several applications to various FAA regions but was not offered a position for over a year.  While he was onboarding to his new position, the FAA medically disqualified him, forcing him to work as an Uber driver and in other lower-paying jobs while he appealed his medical disqualification.

In April 2018, McFerren filed a USERRA complaint against the FAA with the U.S. Department of Labor's Veterans Employment and Training Service (VETS).  VETS investigated his complaint, found it had merit, and referred it to OSC for enforcement.  The FAA subsequently granted McFerren's medical appeal and assigned him to an ATC position in May 2019, but at a significantly lower salary level than he would have attained had he been properly reinstated four years earlier.  He also lost out on substantial pay, benefits, and seniority due to the delay, setting his career back and costing him and his family significant income.

OSC negotiated with the FAA on McFerren's behalf, and it agreed to compensate him four years' of lost wages, fully restore his seniority and retirement credit, and raise his pay to reflect reinstatement in May 2015, following his honorable discharge from the Navy.

“OSC stands ready to enforce the employment rights of veterans and service members who, like Mr. McFerren, serve our country in uniform," Special Counsel Henry J. Kerner said. “This positive outcome demonstrates how USERRA ensures our servicemen and women get the respect they deserve when they return from service. We appreciate the FAA's willingness to make Mr. McFerren whole."

USERRA is a federal law, passed in 1994, that protects military service members and veterans from employment discrimination and allows them to regain their civilian jobs following periods of uniformed service. It applies to members of the Armed Forces, Reserves, and National Guard, among others, and covers both public and private employers. OSC, in conjunction with the U.S. Department of Labor, enforces USERRA claims involving federal government employers. The U.S. Department of Justice enforces USERRA claims involving private employers as well as state and local governments. More information about USERRA is available at: /services/userra/.