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Texas and Gov. Abbott lose in discrimination against disabled lawsuit


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Le Roy Torres was employed as a state trooper in TX and was also in the US Army Reserves.  He was deployed to Iraq in 2007 where he contracted lung disease.  Upon discharge from active duty he applied for a job with the TX DPS or other state agency within his physical abilities.  He was no longer able to work as a state trooper.  Under Uniformed Services Employment and Reemployment Rights Act (USERRA) and other Federal laws employers are required to reemploy veterans in this type situation in the same job, a similar one or one within their capabilities.

Texas DPS refused to give him a job he could perform.  Gov. Gregg Abbott was contacted by at least one military affiliated organization and he refused to take action to try and find a job for Torres.  For those that are not aware, Gov. Abbott is in a wheelchair and has been since he was young.  

Torres sued in state courts and they all held that under sovereign immunity (the king [state] can do no wrong) he could not sue the state to get a job with the state.  Torres then asked the US Supreme Court to hear the case and they ruled 5-4 on June 29, 2022 that the state had to comply with USERRA and remanded the case to TX state courts.  USERRA is a very old Federal law.

 NOTE: Justices Thomas, Alito, Gorsuch and Barrett dissented.  All Republicans.


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