Veteran, fired by Iowa Air National Guard, to get $300,000 settlement
The settlement includes what the veteran, Tommy Marion Copeland, and his legal team will collectively receive. Copeland failed a physical test and was subsequently fired. In response, Copeland filed civil lawsuits claiming that he was discriminated against in the racial, age, and disability fronts. Copeland claimed that others were not fired after failing their tests. However, the Attorney General’s office argued that Copeland failed six times and that people in the same job position did not keep their jobs after failing four times.
From the Des Moines Register:
In his published opinion, Justice David May wrote that the law does not apply when an employee directly reports to the person who makes appointments within a public agency. In this case, May wrote, the veterans’ preference law applies to Copeland because he did not report directly to the Iowa National Guard’s adjutant general.
May added that the finding conflicts with previous opinions from the Iowa Supreme Court, in which justices gave public officials broader authority to fire military veterans.
“We conclude that (a) narrow reading is the better approach,” May wrote. “It is more faithful to the words of the statute. And it prevents the exception from effectively swallowing the veterans’ preference.”
Prior to Monday’s settlement, the ruling remanded that case to district court for arguments on other issues.
In a separate lawsuit, Copeland alleged that Iowa Air National Guard officials committed age, race and disability discrimination. He said officials knew about his knee replacement surgeries and asked him multiple times when he planned to retire. He added that white employees did not lose their jobs after failing physical tests, unlike him.
He also said he suffered from heat stroke during a physical test in July 2020.
In response, the Attorney General’s Office conceded that Copeland “became ill” during the run. But, they added, Copeland failed the test six times. While others didn’t get fired after failing the test, they said, “no other Air Base Security Officers have failed four (physical tests) and remained employed.”
As part of Monday’s settlement, Copeland will receive about $159,000. The law firm of Gribble, Boles, Stewart & Witosky will get $141,000.
The Des Moines Register provides additional information here.
Category: Air National Guard, Veterans in the news
Always good to see the lawyers getting rich off people.
Griffting
Being unable to access the linky (paywall) can’t determine “…the rest of the story”. Howsomeever, dood flunked the physical test SIX (6) times (others fired after FOUR (4) flunks). You had two (2) more chances than everyone else (another “entitlement”?), was given a shot to retire and didn’t take it. I may be wrong, but it seems as if all you did was put more $ into a lawer’s pocket.
Hell, I was turned down for a number of jobs ’cause I was a whyte boy back in the ’70s. Turned down for jobs in the late ’90s ’cause I was an old whyte man. Got fired from a job in the ’80s ’cause the owner had 3 stores and his 3rd son had finished college and needed a job. Where’s my payoff?
“….First thing we do is kill all the lawyers…” Bill, The Bard of Avon.
I thought Bill said “…hang all the lawyers…” ?
You must have lost your WPC (White Privelage Card). Please reapply, or submit form 247666 along with a signed statement from the first Grand Wizard in your chain of authority to the Castle in the Sky for a replacement. WPC must be guarded at all times…we would not want them to fall into …less privelaged’s hands!
Castle in the Sky, WOW and after I saw that, I I got the music going and listened to “Castle in The Sky by the
Bop Chords 1957 on the Holiday label.
Given that a knee replacement is an automatic 30% disability rating, two knees 60%, it should have been made clear when he was scheduled for surgery that his time on any sort of duty was over, finished, complete, done.
There is a school of thought that thinks disabilities only become disabilities when it is convenient or beneficial, i.e. disabilities only occur at retirement.
Question: Are disabilities ever described in Employment Applications? Asking for a friend.
Refused or ineligible to get a profile, evidently given a chance (6!), couldn’t perform, presumably counseled over and over, eventually shitcanned.
But now it’s the institutions fault?
Yeah, on first blush this is retarded, but if this is emblematic of where we’re going, this is way more seditious than a Capitol Tour Gone Wrongly.
I highly suggest people get on KoB’s patented fiat-to-MPS/SGA program™.
(re meme: qualifiers in addition to “animal farm barn” were required to show an applicable result. Sad.)
Another shipment of “seeds” came in today from the Sooner State. Hope I never have to plant them, but, then again, hope is NOT a plan. Perusing MPS as we speak. Current inventory of Dinty’s more than fairly tasty product @ the K Roger has a “best by” date of April 2026.
I’ve noticed Hormel’s ‘best buy’ dates have been shorter lately.
Dickless Joe put tariffs on foreign can steel, so we’ve got THAT going for us!
Just a heads up, Kroger is looking for a suitor.
They just did that whole Alberson’s thing so not sure if it’s the spun off stores or the big chunk.
Lots of fuckery afoot!
This is him on 18 November 2019, giving a Thanksgiving greeting from Camp Arifjan, Kuwait.
He was deployed there as part of the Army National Guard from March 2019 to May 2020:
“SFC Tommy Copeland, Des Moines, IA, Thanksgiving Greeting:
https://www.dvidshub.net/video/723107/sfc-tommy-copeland-des-moines-ia-thanksgiving-greeting
He is currently about the age of 60.
Before his deployment, he had his left knee replaced in 2017 and his right knee in 2018 because of arthritis. His Doctor recommemded he walk instead of run, because running could wear out his new knee replacement.
As part of his security job, he had to take a PT test which was pushups, situps and run one and a half mile. He passed the pushups and situps and asked for an alternative event or an accommodation to replace the running. He claimed he was never given an accommodation.
He claimed in July 2020 that he was forced to run for the PT test despite the heat and humidity. Because he had a heat stroke and was treated by medics, he failed the PT test. He claimed he was fired in August 2020 because of the PT failure.
Prior to his deployment, he claimed that because of his age, folks were asking about his retirement plans.
He said younger security officers who were White who also failed the PT test were not fired and that some were allowed to walk instead of run when taking the test.
He said he was discriminated and fired because of his race (Black), his disability (bad knees) and his age at the time of firing (57).
https://www.documentcloud.org/documents/23937706-tommy-copeland-vs-iowa-army-national-guard-complaint
Picture of him at Camp Arifjan, Kuwait in November 2019 when he served with the Iowa Army National Guard as a SFC. He served there from March 2019 to May 2020.
The response to his lawsuit:
https://www.documentcloud.org/documents/23937705-tommy-copeland-vs-iowa-army-national-guard-states-answer
This document claimed he was not fired because of his knees or his race or his age, but rather he was administratively separated because he failed the PT test 6 times in a row.
The document also stated he was NOT forced to run in hot and humid weather.
Just identify as a chick as get the lower physical standards…
“17 Delicious Ways To Use Up OLD Bananas”
https://tasty.co/article/rachelysanders/delicious-ways-to-use-up-old-bananas
😉😎
Here’s another veteran getting reinstated with back pay, this time from the USPS:
The Postal Service has been ordered to reinstate a former letter carrier to employment with seven years of back pay in a case in which the Office of Special Counsel said that the USPS “adamantly refused to comply with the Uniformed Services Employment and Reemployment Rights Act.”
The OSC recounted that the employee had been called to active duty by his state Air National Guard following the September 11, 2001 terrorist attacks and that he served continuously on military duty until being honorably discharged in December 2015. During that time, it said, he “regularly provided copies of his orders to USPS, maintained his employment benefits (including making retirement contributions and paying his union dues), and repeatedly expressed his desire to return to his postal job once his service ended.”
The agency “gave him no indication that it would not reemploy him and even sent him letters thanking him for his service and a debit card to purchase his postal uniform,” the OSC added.
However, when he applied for reinstatement in early 2016 the USPS refused, asserting that he had “abandoned” his position, it said. He filed a complaint under USERRA with the Labor Department, which then referred the case to the OSC, which then filed a complaint on his behalf before the MSPB.
In early 2019 a hearing officer ruled in his favor and ordered the USPS to provide interim relief if it appealed that decision to the MSPB board, but while the USPS did file an appeal it did not provide the relief, the OSC said. Because the MSPB board did not have enough members to issue decisions on appeals during that time, the USPS “seemingly exploited the Board’s lack of a quorum in an attempt to delay justice” and the individual “had to find a new job, which provided much lower pay and benefits than his USPS employment.”
The OSC said it intends to get him “everything he is owed, no matter how long it takes. Federal go
Well, this explains why the price of stamps keeps going up, up, up..
Note the story states He “served almost continuously” from September 2001 until Dec. 31, 2015, flying combat air patrols in support of Operation Enduring Freedom..”
Did not say “continuosly.” Said “almost continuously” from Sep 2001 to Dec 2015.
Which raises our suspicions about him…
“Another Guardsman Prevented From Returning To Work At The US Postal Service”
https://www.armytimes.com/news/your-army/2020/01/15/another-guardsman-unable-to-return-to-work-at-us-postal-service/
This just came out:
“OSC Wins Legal Victory for 9/11 Veteran Wrongfully Denied Reemployment by USPS”
http://osc.gov/News/Pages/22-12-Legal-Victory-Veteran-Denied-Reemployment-USPS-.aspx
Dude was away from job for 14 years. Find it hard to believe he was deployed the entire 14 years in a Combat Zone. Believed he most likely stayed Stateside in Maine as full time military…
Bet he worked out the system so he can claim 20 years of duty in 2015 to draw DoD Retirement and retirement benefits.
Decided he wanted a second retirement pay and the benefits with the USPS.
We are not stupid. Again, this he is another reason why the price of postsge keeps going up, up, up…
Brink’s the company I worked fo was very Military friendly when it came to taking off when I was in the ARNG back in 1975-1977.
The original lawsuit submitted in December 2022, filed in March 2023 and amended in May 2023 (different from the disability/race/age lawsuit).
https://www.documentcloud.org/documents/23937707-tommy-copeland-vs-iowa-army-national-guard-iowa-supreme-court-ruling
Holy cow. Much as I hate lawyers, if I ever need one I want these guys. They worked a miracle. To me, firing for six Pt test failures should be a slam dunk.
That’ll buy a lot of ho hos.