From the Daily News:
A city Correction officer passed over for a promotion while serving in the Army Reserves will get the position and back pay, according to a settlement announced Thursday.
Emilio Pennes will be appointed to the position of deputy warden and receive three years' back pay under the settlement reached with the city Department of Correction in Manhattan Federal Court.
Pennes, an assistant deputy warden, was called to active duty in February 2007 where he oversaw a unit in Florida that provided medical and psychological support to soldiers returning from Iraq.
Though he ranked at the top of the 13 candidates for deputy warden, he was passed over because he was unable to appear in person for a March 2007 job interview with correction officials, authorities said.
Pennes, 46, had offered to do the interview on different days, by teleconference or phone, but was denied.
A lawsuit filed by the United States on Pennes' behalf says he was denied his rights under a federal act designed to protect service members from having their civilian careers derailed while doing their military service.