High Court Finds States Immune From FMLA Self-Care Suits

Law360, New York (March 20, 2012, 1:31 PM EDT) -- The U.S. Supreme Court ruled in a split decision on Tuesday that state employees cannot sue for damages under the Family and Medical Leave Act's self-care provision, holding that Congress can't override states' immunity because the provision does not combat gender discrimination.

A five-member plurality of justices concluded that the self-care provision's attempt to do away with the states’ immunity was not a valid exercise of congressional power under the Fourteenth Amendment because, unlike other parts of the FMLA, the provision does not target gender bias...
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