City loses discrimination lawsuit to Army veteran
By George P. Hassett

    On the eve of Memorial Day, the city of Somerville lost a lawsuit brought forth by a veteran who said he was refused a job as a police officer because he was unavailable for training due to Army obligations.
     The plaintiff, Thomas McLain, claimed he was protected under the Uniformed Services Employment and Reemployment Rights Act and Judge Reginald C. Lindsay agreed.

    ‚ÄúBy USERRA‚Äôs plain terms, ‚Ķ Somerville‚Äôs failure to hire {McLain} violated the statute: Somerville, a covered employer, denied initial employment to the {McLain}, a member of the army, because of {McLain‚Äôs} obligation to perform‚Ķuniformed service,‚Äù said Lindsay.
    McLain passed the state civil service exam in 1999. The following year he enlisted in the Army for a two year stint, stationed at Fort Lewis in the state of Washington.
In October 2000, the city notified the Commonwealth that it was looking to hire five new officers.  In January 2001, McLain was on a list of eligible candidates, and he informed the city he was interested in the position.
    In August 2001, McLain spoke with a Somerville personnel employee who informed him that he had been selected as a patrol officer, as long as he could attend a police academy session beginning Oct. 1, 2001. McLain could not attend, he would still be at Fort Lewis.
    Assistant City Solicitor Matthew J. Buckley said the issue was handled by the previous mayoral administration, and the current administration did not learn of it until the lawsuit was actually filed.
   ‚ÄúWe have no objection to hiring him,‚Äù said Buckley. ‚ÄúHe is an exceptional candidate, he has served his country proudly and we want to hire him as a police officer.‚Äù
Buckley said the only issue in dispute is McClain‚Äôs claim to back pay.   
    ‚ÄúHe believes he has right to gain something more than a job. He wanted back pay and we didn‚Äôt want to give it to him, that‚Äôs what it comes down to,‚Äù he said.
    Buckley said McLain is presently employed as an MBTA police officer.
    ‚ÄúWe expect him to soon become a Somerville police officer,‚Äù said Buckley. ‚ÄúIf he refuses to accept, then the issue becomes has he been stringing us along this whole time?‚Äù