Plain-English summary
Court says service members can bring USERRA damages suits against state employers
In Le Roy Torres v. Texas Department of Public Safety (2022), the Supreme Court held that Congress validly authorized private damage suits under the Uniformed Services Employment and Reemployment Rights Act (USERRA) against state employers. The Court reversed the Texas court and remanded the case for further proceedings.
Why this matters
The decision ensures that members of the Uniformed Services — including National Guard and reservists who work for state and local governments — can sue for money damages if their employers take adverse employment actions because of military service. It preserves a federal enforcement tool that protects the employment rights of millions of servicemembers.
Who may feel it
- Active-duty servicemembers and veterans employed by state or local governments
- Reservists and National Guard members who work for state or local employers
- State and local government employers
- Employers and lawyers handling military service–related employment disputes
Key questions
- Can Congress validly authorize private money-damages suits under USERRA against states and state agencies?
- Does state sovereign immunity under the Eleventh Amendment bar USERRA claims for damages brought by servicemembers against state employers?