News & Analysis as of

Sovereign Immunity Military Service Members Uniformed Services Employment and Reemployment Rights Act

Littler

Ten Reasons Employers Should Pay More Attention to USERRA

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This year, the Uniformed Services Employment and Reemployment Rights Act (USERRA) turns 30 years old. Although this law, prohibiting employers from discriminating and retaliating against employees or applicants because of...more

Littler

$2.49 Million Verdict Underscores Expansive USERRA Protections

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A little more than a year after U.S. Army veteran Le Roy Torres kept his case alive at the U.S. Supreme Court, a Texas jury voted unanimously to award him $2.49 million on the claim that his former employer, the Texas...more

Akerman LLP - HR Defense

A Reminder of Employer Obligations to Service Members

A recent U.S. Supreme Court decision serves as a reminder that employers must not overlook their obligations to reemploy returning service members and accommodate service-related disabilities....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Holds State Employers Can Be Sued for Discriminating Against Veteran Employees Under USERRA

On June 29, 2022, the Supreme Court of the United States decided that a veteran could sue his former employer, the Texas Department of Public Safety (DPS), under the Uniformed Services Employment and Reemployment Rights Act...more

Kohrman Jackson & Krantz LLP

State Agencies Not Immune From Federal Uniformed Services Employment And Reemployment Rights Act Claims

In a 5-4 decision, the United States Supreme Court held state agencies are not immune from claims brought under the Uniformed Services Employment and Reemployment Rights Act (USERRA) in the case Torres v. Texas Department of...more

Dorsey & Whitney LLP

The Supreme Court - June 29, 2022

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Oklahoma v. Castro-Huerta, No. 21-429: This case involves whether a State has authority to prosecute non-Indians who commit crimes against Indians in “Indian country.” The defendant was convicted in Oklahoma state court of...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Torres v. Texas Department of Public Safety

On June 29, 2022, the U.S. Supreme Court decided Torres v. Texas Department of Public Safety, No. 20-603. The Court held that a State may not invoke sovereign immunity as a legal defense to block a civil lawsuit filed against...more

Littler

Virginia Supreme Court Rules Sovereign Immunity Bars Private USERRA Claims Against State Employers in State Court

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The Supreme Court of Virginia, in Clark v. Virginia Department of State Police, No. 151857 (Dec. 1. 2016), recently ruled that the doctrine of sovereign immunity barred a private plaintiff’s claim under the Uniformed Services...more

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