Law & Courts

Justices Affirm States’ Immunity From Some Job-Related Lawsuits

By Mark Walsh — February 28, 2001 2 min read
  • Save to favorites
  • Print

The U.S. Supreme Court ruled last week that states are immune from lawsuits for damages under the main employment provision of the Americans with Disabilities Act.

The 5-4 ruling was the court’s latest curtailment of congressional power based on the majority’s concern for states’ immunity from damages lawsuits, as provided under the 11th Amendment to the U.S. Constitution.

Ruling in the cases of two Alabama state employees, the majority said Congress lacked the power to make states subject to suits for employment discrimination under the 1990 federal disabilities law.

Chief Justice William H. Rehnquist, writing for the majority in Board of Trustees of the University of Alabama v. Garrett (Case No. 99-1240), said Congress had failed to make a strong case that disability discrimination by state governments was a significant enough problem to require the states to give up their 11th Amendment immunity from damages suits.

He was joined by Justices Sandra Day O’Connor, Antonin Scalia, Anthony M. Kennedy, and Clarence Thomas.

Impact on Schools?

The court’s ruling does not generally apply to school districts and other local governments, which are not automatically considered to have status the same as a state under the framework of 11th Amendment immunity.

“The 11th Amendment does not extend its immunity to units of local government,” the chief justice said, citing a Supreme Court ruling from 1890.

But Justice Stephen G. Breyer, writing in dissent, said the question of 11th Amendment immunity for local governments was not “as simple as the majority suggests.” Some lower federal courts have ruled that local governments in some states are the same as the state for 11th Amendment purposes, he noted. He was joined by Justices John Paul Stevens, David H. Souter, and Ruth Bader Ginsburg.

Michael Simpson, a lawyer for the National Education Association who has followed the court’s federalism cases closely, said school districts in California, Maryland, and North Carolina had been found in other contexts to have 11th Amendment immunity from damages lawsuits.

In those states, he said, it is likely that individuals can no longer sue districts for damages under Title I of the ADA, which prohibits discrimination based on disability in employment actions. And the ruling clearly prohibits employees of state universities in all 50 states from pursuing damages claims under the ADA.

“The court has disenfranchised an entire class of employees from protection of the law,” Mr. Simpson said.

But the practical effects may be limited, because of state laws that also prohibit disability discrimination in employment, as well as the federal Rehabilitation Act of 1973, which bars disability bias by recipients of federal funds.

A version of this article appeared in the February 28, 2001 edition of Education Week as Justices Affirm States’ Immunity From Some Job-Related Lawsuits

Events

School Climate & Safety K-12 Essentials Forum Strengthen Students’ Connections to School
Join this free event to learn how schools are creating the space for students to form strong bonds with each other and trusted adults.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Student Well-Being Webinar
Reframing Behavior: Neuroscience-Based Practices for Positive Support
Reframing Behavior helps teachers see the “why” of behavior through a neuroscience lens and provides practices that fit into a school day.
Content provided by Crisis Prevention Institute
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Mathematics Webinar
Math for All: Strategies for Inclusive Instruction and Student Success
Looking for ways to make math matter for all your students? Gain strategies that help them make the connection as well as the grade.
Content provided by NMSI

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Supreme Court Declines Case on Selective High School Aiming to Boost Racial Diversity
Some advocates saw the K-12 case as the logical next step after last year's decision against affirmative action in college admissions
7 min read
Rising seniors at the Thomas Jefferson High School for Science and Technology gather on the campus in Alexandria, Va., Aug. 10, 2020. From left in front are, Dinan Elsyad, Sean Nguyen, and Tiffany Ji. From left at rear are Jordan Lee and Shibli Nomani. A federal appeals court’s ruling in May 2023 about the admissions policy at the elite public high school in Virginia may provide a vehicle for the U.S. Supreme Court to flesh out the intended scope of its ruling Thursday, June 29, 2023, banning affirmative action in college admissions.
A group of rising seniors at the Thomas Jefferson High School for Science and Technology gather on the campus in Alexandria, Va., in August 2020. From left in front are, Dinan Elsyad, Sean Nguyen, and Tiffany Ji. From left at rear are Jordan Lee and Shibli Nomani. The U.S. Supreme Court on Feb. 20 declined to hear a challenge to an admissions plan for the selective high school that was facially race neutral but designed to boost the enrollment of Black and Hispanic students.
J. Scott Applewhite/AP
Law & Courts School District Lawsuits Against Social Media Companies Are Piling Up
More than 200 school districts are now suing the major social media companies over the youth mental health crisis.
7 min read
A close up of a statue of the blindfolded lady justice against a light blue background with a ghosted image of a hands holding a cellphone with Facebook "Like" and "Love" icons hovering above it.
iStock/Getty
Law & Courts In 1974, the Supreme Court Recognized English Learners' Rights. The Story Behind That Case
The Lau v. Nichols ruling said students have a right to a "meaningful opportunity" to participate in school, but its legacy is complex.
12 min read
Associate Justice of the U.S. Supreme Court William O. Douglas is shown in an undated photo.
U.S. Supreme Court Justice William O. Douglas, shown in an undated photo, wrote the opinion in <i>Lau</i> v. <i>Nichols</i>, the 1974 decision holding that the San Francisco school system had denied Chinese-speaking schoolchildren a meaningful opportunity to participate in their education.
AP
Law & Courts Supreme Court Declines to Hear School District's Transgender Restroom Case
The case asked whether federal law protects transgender students on the use of school facilities that correspond to their gender identity.
4 min read
People stand on the steps of the U.S. Supreme Court on Feb. 11, 2022, in Washington, D.C.
People stand on the steps of the U.S. Supreme Court on Feb. 11, 2022, in Washington, D.C.
Mariam Zuhaib/AP