Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

LJN NewslettersNew York Real Estate Law ReporterNewsSections

FMLA Ruled Applicable to State Workers

BY ALM Staff
August 27, 2003

In a somewhat surprising 6-3 decision written by Chief Justice Rehnquist, the United States Supreme Court ruled that Congress had abrogated the states' Eleventh Amendment immunity when it enacted the Family Medical Leave Act and that therefore, state workers are entitled to the protection of that statute. In so ruling, the Court characterized Congress' goals in enacting the FMLA as protecting against gender-based discrimination in the workplace and eliminating stereotypes related to child-rearing and family care issues. As such, the Court concluded that challenges to the constitutionality of the FMLA warranted heightened scrutiny. Nevada Dep't of Human Resources v. Hibbs, 2003 WL 21210426 (5/27/03).

The Court's forceful defense of the FMLA and the compelling need for such legislation is noteworthy. The Court noted that at the time of the FMLA's enactment, states continued 'to rely on invalid gender stereotypes in the employment context, specifically in the administration of leave benefits. Reliance on such stereotypes cannot justify the States' gender discrimination in this area.'

The Court distinguished the gender-based discrimination at the heart of the FMLA with age and disability discrimination, which the Court noted was not entitled to heightened review. On this basis, the Court distinguished its recent decisions upholding Eleventh Amendment immunity. The Court also emphasized that, unlike other forms of discrimination protection, the FMLA targets narrowly 'the fault line between work and family ' precisely where sex-based overgeneralization has been and remains strongest ' and affects only one aspect of the employment relationship.'

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models Image

Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.

Hyperlinked Documents: The Latest e-Discovery Challenge Image

As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.

Identifying Your Practice's Differentiator Image

How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.

Risks and Ad Fraud Protection In Digital Advertising Image

The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.

Turning Business Development Plans Into Reality Image

This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.