In recent years, several U.S. Supreme Court rulings have barred employees from suing states under a variety of federal employment statutes, including the Age Discrimination in Employment Act and the Americans with Disabilities Act. But a new high court ruling gives state workers a victory, finding they can sue their employers for violating the Family and Medical Leave Act.
Worker Sues State Employer Under FMLA
The case involved William Hibbs, who worked for Nevada’s Department of Human Resources. He took family and medical leave to care for his ill wife, but was terminated for not returning to work when his supervisors informed him he had exhausted his leave time.
Hibbs sued, claiming his termination violated the FMLA. Nevada argued the lawsuit should be dismissed because, under the 11th Amendment to the U.S. Constitution, states are immune from private lawsuits alleging violations of federal laws.
Our HR Management & Compliance Report: How To Comply with California and Federal Leave Laws, covers everything you need to know to stay in compliance with both state and federal law in one of the trickiest areas of compliance for even the most experienced HR professional. Learn the rules for pregnancy and parental leaves, medical exams and certifications, intermittent leaves, required notices, and more.
No Immunity for States
The Supreme Court rejected the state’s immunity argument and ruled Hibbs’ lawsuit could proceed.
The court explained the FMLA specifies that employees can sue their public employers for damages. What’s more, Congress had the power to override the states’ 11th Amendment immunity to private lawsuits when it enacted the FMLA.
That’s because Congress can subject states to private lawsuits when the purpose is to ensure equal protection for individuals. The FMLA was aimed at eradicating a type of sex discrimination—the sex-role stereotype that caring for family members is only women’s work. The court explained that, unlike age bias and bias against disabled workers, sex discrimination issues are entitled to close scrutiny to guard equal protection guarantees.
Practical Impact
Because of this ruling, state employees across the nation can now take their employers to court for violating the FMLA. Note, however, the impact in California is less dramatic because state employees already had the right to sue for violations of the California Family Rights Act, the state counterpart to the FMLA.