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

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
Artificial Intelligence Webinar
Managing AI in Schools: Practical Strategies for Districts
How should districts govern AI in schools? Learn practical strategies for policies, safety, transparency, as well as responsible adoption.
Content provided by Lightspeed Systems
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
Reading & Literacy Webinar
Unlocking Success for Struggling Adolescent Readers
The Science of Reading transformed K-3 literacy. Now it's time to extend that focus to students in grades 6 through 12.
Content provided by STARI
Jobs Virtual Career Fair for Teachers and K-12 Staff
Find teaching jobs and K-12 education jubs at the EdWeek Top School Jobs virtual career fair.

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 The Stark Divide in the States Recouping K-12 Grants Cut by Trump's Ed. Dept.
A fifth of lawsuits challenging Trump admin. education policies have come from multistate coalitions.
8 min read
Students sit on bleachers after science, technology, engineering and mathematics activities, facilitated by the Kentucky Science Center, in Simpsonville Elementary School, Nov. 18, 2025, in Simpsonville, Ky.
Students sit on bleachers after STEM activities facilitated by the Kentucky Science Center at Simpsonville Elementary School in Simpsonville, Ky., on Nov. 18, 2025. The school district serving Simpsonville is one of nine in north-central Kentucky that was able to hire new school counselors with the help of a federal grant that the Trump administration terminated last year.
Jon Cherry/AP
Law & Courts Full Appeals Court Signals Openness to Ten Commandments Classroom Laws
The full 5th Circuit seemed sympathetic to unblocking two laws requiring Ten Commandments displays.
5 min read
Ten Commandments Texas 25322117067170
A Ten Commandments poster is seen with boxes of others before they were delivered to local public schools in New Braunfels, Texas, on Monday, Nov. 17, 2025. A federal appeals court appears open to reviving blocked Ten Commandments school laws in Louisiana and Texas.
AP Photo/Eric Gay
Law & Courts Parents Ask Supreme Court to Restore Ruling on Gender Disclosure
Parents asked the U.S. Supreme Court to intervene over school gender-identity policies in California.
4 min read
A group of California parents has asked the nation's highest court to reinstate a federal district court decision that said parents have a federal constitutional right to be informed by schools of any gender nonconformity and social transitions by their children. The Supreme Court building is seen on Jan. 13, 2026, in Washington.
A group of California parents has asked the nation's highest court, whose building is shown on Jan. 13, 2026, to reinstate a federal district court decision that said parents have a federal constitutional right to be informed by schools of any gender nonconformity or social transition by their children.
Julia Demaree Nikhinson/AP
Law & Courts Supreme Court Signals Support for State Bans on Trans Girls in Sports
The U.S. Supreme Court weighed Idaho and West Virginia laws that bar transgender girls from sports.
7 min read
Becky Pepper-Jackson holds hands with her mother Heather Jackson outside the Supreme Court after arguments over state laws barring transgender girls and women from playing on school athletic teams on Jan. 13, 2026, in Washington.
Becky Pepper-Jackson holds hands with her mother, Heather Jackson, outside the U.S. Supreme Court after arguments over state laws barring transgender girls and women from playing on female athletic teams on Jan. 13, 2026, in Washington.
Julia Demaree Nikhinson/AP