Federal Civil Rights Legislation and State Sovereign Immunity‪.‬

ABSTRACT State governments employ millions of people, and provide services to millions of Americans as well, some of which are of a governmental nature, but many of which are similar to those offered by the private sector. While the employment practices of most private employers are governed by a number of federal laws, state employers may not be required to conform to those regulations. Similarly, while the manner in which private employers provide services to the public are regulated by federal laws, state and local governmental service providers may be exempt from that regulatory scheme. Why? The Eleventh Amendment to the United States Constitution provides that, "The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State." As a result, states may enjoy sovereign immunity, and may not be subject to the jurisdiction of federal courts in cases in which plaintiffs seek judicial relief under federal law. This paper will discuss the application of sovereign immunity with respect to federal civil rights legislation, and discuss the most recent case to present this issue, which was decided by the Supreme Court this term.