Rachel Lerner
Thu, 10/05/2023
On October 2, 2023, a Texas jury found that the Texas Department of Public Safety discriminated against a disabled veteran based on his disability stemming from his military service.
Plaintiff Leroy Torres was a member of the United States Army Reserve, and was a Trooper for the Texas Department of Safety (DPS). While serving in Iraq with the Army, Torres was exposed to “burn pits” and was subsequently diagnosed with constrictive bronchiolitis. This lung disease prevented him from resuming his full duties with DPS and he therefore requested an accommodation. After multiple failed attempts to receive proper accommodations, Torres was forced to resign.
Torres sued DPS for failing to make accommodations for his disability, alleging the Department’s actions violated the Uniformed Services Employment and Reemployment Rights Act (USERRA). USERRA bars discrimination based on military service and requires employers make reasonable accommodations for disabled veterans.
A jury found that DPS discriminated against Torres based on his disability, and awarded him nearly $2.5 million in years of lost back pay and benefits.
MSE represents employees who have been discriminated against in the workplace. If you believe your employer has unlawfully discriminated against you, please contact us at info@mselaborlaw.com.