The Uniformed Services Employment and Reemployment Rights Act (USERRA) is the federal law that protects employees who serve in the military and requires employers to re-employ military members after service. In Torres v. Texas Department of Public Safety, No. 20-603, 2022 WL2334306 (June 29, 2022), the Supreme Court of the United States (SCOTUS) held that an individual employee can bring a lawsuit against a state under USERRA.
The case involved an employee who was a military veteran. After returning from military service, the employee sought to return to his job at the Texas Department of Public Safety but sought re-employment in a different role to accommodate a disability related to his service in the military. The Department denied his request for re-employment in a different role. Texas asked the court to dismiss the suit under the doctrine of sovereign immunity. The lower court agreed and held that Congress could not authorize private suits against nonconsenting states.
The United States Supreme Court reversed and held that states may not use sovereign immunity to avoid liability under USERRA. The Court held that the states had agreed to yield their sovereignty to the federal policy of building and keeping a national military and USERRA supports national military readiness.
If you have employees who are serving in the military, please consult counsel regarding your legal obligations.
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