A Texas jury recently awarded a military veteran almost $2.5 million in connection with a workplace discrimination claim brought under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA).
Employers, make sure to be aware of just how uniquely broad the USERRA anti-discrimination, reemployment and accommodation protections are for employees who have served in the military.
For example, USERRA defines “disability” more broadly than as compared to the more well-known American with Disabilities Act (ADA) and generally covers any disability incurred or aggravated during military service, even if the disability wouldn’t by itself qualify for protection under the ADA.
Moreover, the EEOC has taken the position that USERRA imposes greater accommodation duties than the ADA and generally speaking requires employers to accommodate the disability and return the employee to the position they would have attained but for military service (with such position oftentimes referred to as “the escalator position”).
There are many other highly-technical and not necessarily intuitive obligations which USERRA imposes on employers, and stiff consequences for violations. As such, employers would be well-advised to brush up on their obligations under this statute and ensure they have the right policies and procedures in place for when any military-related HR issues arise.