The United States Supreme Court will use decisions of the U.S. Court of Appeals for the Eleventh Circuit (arising in Florida) to harmonize conflicting Court of Appeals decisions on the issue of whether the Eleventh Amendment to the U.S. Constitution immunizes states from Age Discrimination in Employment Act claims. Of the Courts of Appeals that have ruled on the issue, only the Eleventh and Eighth Circuit have found Eleventh Amendment-immunity from age bias suits. The Second, Fifth, Sixth, Seventh, Ninth and Tenth have all held that ADEA trumps the immunity issue. The other circuits have cases pending or have not decided the issue. Kimel v. Florida Board of Regents, Case No. 791, cert. granted (U.S., January 25, 1999) and U.S. v. Florida Board of Regents, Case No. 796, cert. granted (U.S., January 25, 1999).
But U.S. Supreme Court will Resolve Conflice
This article was edited and reviewed by FindLaw Attorney Writers | Last reviewed March 26, 2008
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.
Was this helpful?