No State Immunity to Suit by Federal Government

The Fourth and Seventh Circuits have reiterated that damage actions on federal claims against states brought by the Federal government on behalf of state employees are not barred by the 11th Amendment.

EEOC v. Board of Regents, 288 F. 3d 296 (7th Cir. 2002) (Age Discrimination in Employment Act)(ADEA) and Chao v. Virginia Dept. of Transportation, 2002 WL 1040195 (4th Cir. May 23, 2002) (Fair Labor Standards Act) (FLSA). The Supreme Court had already made the point as a justification for denying individuals the right to sue states. See Alden v. Maine, 527 U.S. 706, 755 (1999), but the defendants argued that the situation was different when the federal government was seeking damages for individual employees.

In the ADEA case, the Seventh Circuit emphasized the holding of the Court in EEOC v. Waffle House, Inc. 524 US.279 (2002), where the Court held that a suit by the EEOC under the Americans with Disabilities Act (ADA) could proceed even though the employee could have not sued in court because he had signed an arbitration agreement covering the asserted claim. The court emphasized that the suit is that of the EEOC, which is in command of the case, and the employee retains no independent cause of action.

The Fourth Circuit emphasized that it was well settled that in ratifying the Constitution, the States surrendered immunity from suit by the Federal Government. Although the suit seeks relief for individuals, it vindicates the interest of the Federal Government in the enforcement of federal laws. Further, the case is under control of federal lawyers.

Even if the federal government may sue, it rarely does so. For example, according to the EEOC website, in FY 2001, individuals filed 80,840 charges with the EEOC, which in turn filed only 386 suits and intervened in 45 others.

The EEOC administers four major Acts: Title VII, ADA, ADEA and the Equal Pay Act.