U.S. Attorney Accuses Correction of Violating Military Vet's Rights

SID SCHWARTZBAUM: 'Correct this travesty.'

The U.S. Attorney's Office in Manhattan April 30 filed a lawsuit against the Correction Department on behalf of an Army veteran who it charges was passed over for a promotion to Deputy Warden because his military service kept him away from the job and prevented him from keeping an interview appointment.

The Correction Department has been accused of violating Emilio Pennes's civil rights under the Uniformed Services Employment and Reemployment Act of 1994 because it denied him a promotion.

'Soldiers Deserve Accommodation'

"Our soldiers who risk their lives to keep us safe deserve every accommodation back home from those they are protecting," said acting United States Attorney for the Southern District Lev L. Dassin. "We believe New York City's refusal to accommodate Mr. Pennes' military duty by moving a job interview by a few days violated a Federal law which protects men and women from being disadvantaged in their civilian careers because of their service in the armed forces."

Mr. Pennes, who has been in the Army reserves since 1985, was called to report to Florida for active duty on Feb. 6, 2007, where he commanded an administrative unit whose purpose was to provide medical and psychological support to soldiers returning from Iraq. He also served for a one-year period between 2004 and 2005 when he was stationed near Tikrit in Iraq.

After he was called to duty, Mr. Pennes was contacted for an interview for a promotion to Deputy Warden, which he had applied for previously. He was scheduled for an interview on March 29, 2007. Despite Mr. Pennes offering to do the interview between March 23 and March 26 when he was on leave, by phone, or by videoconference, the Department of Correction refused to interview him unless he appeared on the set date and time, although it knew he was out of the state.

A source said the department had a "personal vendetta" against Mr. Pennes.

Skipped for 7 Below Him

Mr. Pennes was not interviewed for the position of Deputy Warden nor was he offered a promotion, even though a selection memo ranked him first among the 13 candidates for the position. Commissioner Martin F. Horn skipped over Mr. Pennes and selected the next seven applicants below him on the list for the promotion.

"Emilio Pennes is a 22-year veteran of the department with 10 years in the rank of Assistant Deputy Warden, a Lieutenant Colonel in the Army. He has a bachelor's degree in criminal justice and is the executive officer of the Queens Court Division," said Assistant Deputy Wardens/Deputy Wardens Association President Sidney Schwartzbaum. "It is a travesty that he hasn't been promoted."

Mr. Schwartzbaum said he found it strange that Mr. Pennes's evaluations, which were previously stellar, had dropped significantly in the three months since this lawsuit became known. "The time is ripe for Commissioner Horn to make this right," he said.

The lawsuit seeks to require the Department of Correction to promote Mr. Pennes to the position of Deputy Warden and grant him lost wages, benefits and liquidated damages.

Correction Department spokesman Stephen Morello did not return a call for comment.