WASHINGTON — The Supreme Court hears argument Tuesday over a federal law that gives employment protections for military service members who return from duty, and lawmakers have warned the justices that they are critical for recruiting and retaining armed forces.
Congress enacted the Uniformed Services Employment and Reemployment Rights Act, or USERRA, to have uniform rights for all service members when they return to the civilian workforce, the bipartisan group of six lawmakers wrote in a brief in the case.
But state courts in Texas, Virginia, Florida, Tennessee, Georgia, Delaware and Alabama have ruled that USERRA doesn’t provide service members the right to file civil lawsuits against a state when it hasn’t given its permission to be sued.