In February of this year, the U.S. Supreme Court, resolving a split among the
Courts of Appeal, held that state employees may not sue their employers for
money damages in federal court in actions alleging violations of the ADA.
The Court concluded that such suits are barred by the Eleventh Amendment to the
United States Constitution, which provides that States may not be sued by
private individuals in federal court. Board of Trustees of the University of
Alabama v. Garrett.
The Court acknowledged that Congress is not without power to abrogate the
States' immunity under the Eleventh Amendment. When enacting legislation that
does so, however, Congress must demonstrate its intent to allow private suits
against a State in federal court, and must act pursuant to a valid grant of
constitutional authority.
The ADA does provide that "a State shall not
be immune under the Eleventh Amendment of the Constitution of the United States
from an action in [a] federal or state court of competent jurisdiction for
violation of this Act," thereby reflecting the intent that the immunity be
abrogated. However, the Supreme Court held that States maintain their
immunity from ADA claims for money damages in federal court, because Congress
lacked constitutional authority to abrogate that immunity.
Although the Court acknowledged that the ADA reflects the desirable
public policy that there should be a "comprehensive national mandate for the
elimination of discrimination against individuals with disabilities," it found
that this policy does not reflect a pattern of unconstitutional discrimination
by the states. It also viewed the ADA's accommodation duty as one that exceeds
that which would be constitutionally required under the Fourteenth
Amendment. Thus, state employees may not pursue claims for money damages
against their employers in federal court under the ADA.
Both the Eleventh Amendment and the Court's decision apply only to
states. They do not render units of local government, such as cities and
counties, immune from suit in federal court.
