USSC upholds Uniformed Services Employment and Reemployment Rights Act against States

[FJAG]

(CNN)The US Supreme Court said in a 5-4 ruling Wednesday that state agencies are not immune from private lawsuits under a federal law meant to protect employment rights of returning veterans.
The ruling will strengthen work protections for thousands of state-employed veterans returning to work after service in the Reserves or National Guard.
The outcome is a victory for Le Roy Torres, a veteran and former employee of the Texas Department of Public Safety. He told the agency that he could no longer serve as a state trooper and sought a comparable job to accommodate his service-related disability. When he was denied the job, he filed suit under federal law but lost in state courts. He appealed the decision to the US Supreme Court.
Justice Stephen Breyer wrote the majority opinion, joined by the other liberals as well as Chief Justice John Roberts and Justice Brett Kavanaugh. ...

...
The ruling could affect thousands of active and reserve service members nationally who work for state agencies. Lower courts have split on the issue of whether Congress had the power to authorize such private lawsuits.
The federal government argued that a ruling that gives immunity to states in this area could damage the federal government's ability to fill military ranks and defend the nation. ...

Supreme Court says states can be sued for discriminating against veterans | CNN Politics

The US Supreme Court said in a 5-4 ruling Wednesday that state agencies are not immune from private lawsuits under a federal law meant to protect employment rights of returning veterans.

www.cnn.com

Interestingly the division of powers in Canada parallels that of the US re the military. It could mean that a strong Federal job support legislation for reservists in Canada could be upheld by the courts in a division of powers dispute. The four dissenting judges' opinion would have less weight in Canada because our division of powers favours the central government rather than "States rights".

 

[OldSolduer]

Interesting. Do we have similar situations here?

 

[brihard]

Interesting. Do we have similar situations here?

Varies by jurisdiction. I believe a few provinces have laws. Many public sector collective agreements have reservist deployment/training provisions. There’s federal regulation for federal public sector employees. There’s no one single catch all though.

 

[rmc_wannabe]

Varies by jurisdiction. I believe a few provinces have laws. Many public sector collective agreements have reservist deployment/training provisions. There’s federal regulation for federal public sector employees. There’s no one single catch all though.

This is the truth here in Ontario, and even then is very loosely adhered to by employers. I had a few reservists I went on tour with come back to a Performance Review and a pink slip, not because they went on tour, but for "other deficiencies" noted prior to deployment.

 

[FJAG]

Interesting. Do we have similar situations here?

Varies by jurisdiction. I believe a few provinces have laws. Many public sector collective agreements have reservist deployment/training provisions. There’s federal regulation for federal public sector employees. There’s no one single catch all though.

Each province has a separate law but they basically follow a model with some variations.

IMHO they are very weak and the minimum standard by any stretch of the imagination.

As a general statement, again IMHO, they should be strengthened to be a Federal law with a requirement that the Feds provide for prosecutions where necessary and negotiators/facilitators where appropriate so that the individual doesn't need to hire a lawyer. In addition such laws should provide job unpaid leave and protection beyond operations to a specified level of absences for annual training (with pension credit and additional holiday protection). And a whole lot more.

 

[mariomike]

Many public sector collective agreements have reservist deployment/training provisions.

We got Military leave.

Military Service

Policy Statement The City of Toronto supports employees who want to participate in the military reserve force and allows them to take a leave of absence to fulfill their reserve duties. Application All employees listed below are eligible for Military Service leave. Non-union employees CUPE local...

www.toronto.ca

If you were Permanently Partially Disabled ( PPD ) while on Military Leave, the Long Term Disability ( LTD ) policy would be the same if the injury / illness occured at your local armoury, or in your own backyard on your days off.

ie: Anything not covered by WSIB.

I know guys been on LTD for over ten years. Some more than 20, and at least one over 30. Many for "nervous disorders".

LTD pays 75% up to age 65, including extended medical and benefits. After that, you go on OMERS.

WSIB pays 100%, but, if you can blink your eyes, you have to show up for work. They won't place you into a "comparable" job, because there are not any.
They WILL place you into a "suitable" job. But, that could be ANYTHING / anywhere. Even Scarborough.

 

[ModlrMike]

I think one of the strongest protections exists in Manitoba.

Employment Standards | Employment Standards | Leave for Reservists

Province of Manitoba

www.gov.mb.ca

 

[mariomike]

I think one of the strongest protections exists in Manitoba.

This caught my eye,

Do employees get paid when on leave?​

No. Employers are not required to pay wages to employees while on leave.

Ours was only two weeks Leave With Pay ( LWP ), per summer. But, it was better than nothing.

 

[OceanBonfire]

I think one of the strongest protections exists in Manitoba.

Employment Standards | Employment Standards | Leave for Reservists

Province of Manitoba

www.gov.mb.ca

Pretty supportive. This is the Quebec one:

https://www.cnesst.gouv.qc.ca/en/working-conditions/leave/specific-situations/leave-reservists