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Supreme Court Gives States Immunity from ADA.

Government Finance Review

| April 01, 2001 | COPYRIGHT 2001 Government Finance Officers Association. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

By ruling that state employees cannot sue for damages for violations of the Americans With Disabilities Act (ADA), the U.S. Supreme Court carved out a new area of immunity for the states from the reach of federal civil rights law. The case, Board of Trustees of the University of Alabama v. Garrett, grew out of two separate lawsuits filed by employees against units of the Alabama state government. Both were lawsuits for damages, and the state responded by claiming that it was immune from such suits under the 11th Amendment, which bars private lawsuits for damages in federal court against states that have not given consent to be sued, unless Congress has validly abrogated the ...

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