National Guard servicemember successfully claims discrimination and retaliation by a Superior Officer.
In one of our Military Law cases, Ronald W. Meister, Eric Shimanoff and Raphael Nemes represented an African-American servicemember of a state National Guard unit, who had been denied relief on a discrimination complaint he had filed against his superior officer, alleging that the officer had denied him a position on a select team, and that he was retaliated against because of his complaint arising out of that denial. We sought and obtained a new review. The Chief of Complaints Management and Adjudication of the National Guard upheld each of the servicemember’s allegations and recommended that the superior officer be formally reprimanded, that the state National Guard institute a remedial training program, and that our client receive back pay and attorney’s fees. The state National Guard unit initially appealed portions of the proposed resolution. The parties subsequently resolved the dispute to our client’s satisfaction.