The United States government filed a lawsuit on Thursday against Google, claiming that the company did not reinstate an employee or provide him with a similar position after he returned from a year of military leave as a reservist in the US Army.
This case, presented in Manhattan federal court, is notable because it represents a rare occasion where the government is suing a private company for not adhering to the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), which is designed to protect the jobs of military personnel when they are called to active duty.
According to the allegations in the complaint, Mark Davisson worked for Google as a key account executive for 2.5 years, where he managed cloud service accounts for organizations like BlackRock and Bridgewater Associates, as well as overseeing the US operations of the former Credit Suisse.
After returning from his leave in May 2023, Google reportedly did not allow Davisson to take on any customer accounts, limiting his ability to advance in his career, even though his salary and job title remained unchanged.
Termination Following Further Military Leave
The complaint indicates that in January 2024, Davisson was transferred to a cloud solutions position, which also didn’t involve management of customer accounts. He was dismissed seven months later after taking another military leave, as part of a broader workforce reduction.
Davisson, who has received both the Bronze Star and the Meritorious Service Medal, is a resident of Charlotte, North Carolina, although he worked and lived in Manhattan during his time at Google. The company’s parent entity, Alphabet, is located in Mountain View, California.
A Google spokesperson, Atle Erlingsson, stated via email, “We disagree with the claims in this complaint. Google takes compliance with employment laws, including USERRA, seriously and investigates allegations of workplace wrongdoing.”
Support from a Civil Rights Advocate
The lawsuit is being pursued by the civil rights division of the US Attorney’s office in Manhattan, with support from Assistant Attorney General Harmeet Dhillon, who led civil rights enforcement during the Trump administration.
The government is seeking to recover lost wages and benefits for Davisson, along with additional damages, and is asking Google to promote a workplace free of discrimination. This includes enhancing training related to USERRA compliance.
“Federal law ensures that our brave soldiers, who sacrifice so much to keep us safe, are not punished by employers when they return to the civilian workforce after completing their military service,” stated US Attorney Jamie McDonald in Manhattan.
