Texas Shielded From FMLA Self-Care Suit: Court

Law360, New York (July 7, 2010, 5:35 PM EDT) -- The Lone Star State's sovereign immunity bars a University of Texas employee's suit under the self-care provision of the Family Medical Leave Act, the state's highest civil court has ruled, reversing an appeals court's decision.

The Supreme Court of Texas ruled Friday that because the purpose of the FMLA's self-care provision isn't to remedy constitutional bias, that part of the law doesn't abrogate Texas' sovereign immunity.

According to Texas' high court, federal legislation can abrogate states' immunity only when those federal laws provide “an appropriate remedy...
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