The Supreme Court seemed sympathetic during oral arguments March 29 to a former Texas State Trooper, who claims that his former employer violated a federal law by discriminating against him after he suffered injuries during his deployment in the Iraq War as a member of the U.S. Army Reserves. Citing its war powers under the U.S. Constitution, Congress passed the 1994 statute, the Uniformed Services Employment and Reemployment Rights Act (USERRA), which requires state and private employers to restore former employees returning from military service to the same position. If the employee became disabled during military service, the employer is required to put that person in a position “that provides a similar status and pay” to the original position. Non-compliant employers can be sued under USERRA, which builds on employment protections that have been enacted since World War II. The thinking behind USERRA was that leaving former service members without …
Supreme Court Sympathetic to Texas State Trooper Who Wants Job Back After Iraq War Burn Pit Injuries
March 29, 2022
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Burn Pits 360Defending AmericaFeatured TopicsJudiciaryLe Roy TorresNational SecurityPolicies & ImpactsSupreme CourtTexasUniformed Services Employment and Reemployment Rights ActUS
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