11th Amendment & Sovereign Immunity

Alden v. Maine

In Alden v. Maine, a probation officer decided to sue his employer in state court (because it was illegal to sue a state in federal court), the state of Maine, for violating overtime pay provisions under FLSA. There, the court held that even in state courts, states could not be sued in cases which they did not consent to. In this case, Maine did not consent to suits for overtime pay under the FLSA.

Board of Trustees v. Garrett

In Board of Trustees v. Garrett, a nurse was demoted after having cancer and the Court said states were not required to make special accommodations for the disabled as long as their actions toward such individuals had a rational basis. The Court said prohibition of disability discrimination in public employment was beyond those rights guaranteed by §1 of the 14th Amend., and thus exceeded Congress's §5 power.

Coleman v. Maryland Court of Appeals

In Coleman v. Maryland Court of Appeals (2012) the Court held that Congress could not overcome state sovereign immunity with respect to the self-care provisions of the FMLA because it did not respond to the unconstitutional sex discrimination by state employers.

Kimel v. Florida Board of Regents

In Kimel v. Florida Board of Regents (2000), the Court held that Congress lacked power under §5 to authorize a damages remedy against states for age discrimination because it does not involve a protected class. The Court looked at the legislative history and said there was no "significant pattern" of unconstitutional discrimination" so broad legislation was unnecessary and out of proportion.

Nevada Department of Human Resources v. Hibbs

In Nevada Department of Human Resources v. Hibbs, the Court upheld legislation that created a private damages remedy against any employer (including public agency) that violated an employee's rights to take up to 12 work weeks of unpaid leave annually to take care of ailing family members. It was a proper exercise of §5 enforcement powers given the history of gender discrimination.

Tennessee v. Lane

In Tennessee v. Lane, a paraplegic refused to crawl or be carried to the second floor of a courthouse for a criminal proceeding and said he was denied reasonable accommodations with respect to this public service under the ADA. The Court said that with adequate findings Congress may prohibit conduct that might not itself be found unconstitutional as long as the legislation is congruent and proportional.

United States v. Georgia

In United States v. Georgia, a paraplegic inmate in a Georgia prison sued state defendants over the conditions of his confinement since he was often left alone without access to a toilet. The Court said Congress can authorize private suits against states for conduct that violates the 14th amendment.

Rule

The Eleventh Amendment provides that the judicial power of the U.S. shall not be construed to extend to any suit commenced against one of the States by Citizens of another State, or by Citizens of any Foreign State. The Supreme Court has held that the 11th Amendment also bars suits by citizens against their own state because state immunity from suit was an assumption of the constitutional order. In order to sue a state an action can be commenced: 1) against a state officer under §1983 (the state will intervene); 2) by the states consent; or 3) by arguing the state has violated a federal law enacted under Section 5 of the Fourteenth Amendment