Section 7 State Employers?Eleventh Amendment Immunity

• Library: Employment Discrimination 2008

The United States Supreme Court has determined, in Nevada Department of Human Resources v. Hibbs, 538 U.S 721 (2003), that the family-care provisions in the FMLA did abrogate the states’ Eleventh Amendment immunity. There is currently a split in the circuits as to whether the FMLA self-care provision also abrogates a state Eleventh Amendment immunity. CompareMcKlintic v. 36^th Judicial Circuit Court, 508 F.3d 875 (8^th Cir. 2007); Miles v. Bellfontaine Habilitation Ctr., 481 F.3d 1106, 1107 (8^th Cir. 2007)...