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Constitutional Law Keyed to Choper
Kimel v. Florida Bd. of Regents
Citation:
528 U.S. 62 (2000)Facts
The Age Discrimination in Employment Act of 1967 (ADEA) prohibits employers, including state employers, from discriminating against individuals based on age. In 1974, Congress amended the ADEA to extend its coverage to state and local governments. Three separate lawsuits were filed against state employers: Kimel and other faculty members sued the Florida Board of Regents alleging age discrimination in the allocation of salary adjustments; Dickson sued the Florida Department of Corrections for failing to promote him due to his age; and MacPherson and Narz sued the University of Montevallo in Alabama claiming age discrimination. In each case, the state employers moved to dismiss based on Eleventh Amendment immunity. The district courts reached different conclusions, and the Eleventh Circuit consolidated the appeals, ultimately holding that the ADEA did not validly abrogate states’ Eleventh Amendment immunity.
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