Torres v. Texas Department Of Public Safety

142 S. Ct. 2455 (2022)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Congress has “broad and sweeping” power “to raise and support armies.” It has long exercised that power to encourage service in the Armed Forces in a variety of ways. Congress has sought, in particular, to smooth volunteers’ reentry into civilian life by recognizing veterans’ “right to return to civilian employment without adverse effect on . . . career progress” in the federal work force and private employment. Congress authorized private damages suits against States to ensure that “veterans who [had] previously held jobs as school teachers, policemen, firemen, and other State, county, and city employees” would not be denied their old jobs as reprisal for their service. The statute at issue, USERRA, embodies these protections today. P enlisted in the Army Reserves in 1989. In 2007, he was called to active duty and deployed to Iraq. While serving P was exposed to toxic burn pits. P received an honorable discharge. P returned home with constrictive bronchitis, a respiratory condition that narrowed his airways and made breathing difficult. P was unable to work at his old job as a state trooper. P asked D to accommodate his condition by reemploying him in a different role. D refused to do so. P sued D claiming a violation of the USERRA’s mandate that state employers rehire returning service members, use “reasonable efforts” to accommodate any service-related disability, or find an “equivalent” position (or its “nearest approximation”) where such disability prevents the veteran from holding his prior position. D moved to dismiss invoking sovereign immunity. The trial court denied the motion. A divided intermediate appellate court reversed. The Supreme Court of Texas denied discretionary review. The Supreme Court granted certiorari.