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FMLA Ruled Applicable to State Workers

By ALM Staff | Law Journal Newsletters |
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.'

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