Age-Discrimination Lawsuit Not Barred by 11th Amendment, Appeals Court Rules

A common legal defense used by public colleges — that they and their employees are immune from private lawsuits under the U.S. Constitution’s 11th Amendment — does not prevent federal agencies from filing such lawsuits to enforce federal laws, according to a ruling this week by the U.S. Court of Appeals for the Fifth Circuit.

“Indeed, it is well established that sovereign immunity under the 11th Amendment operates only to protect states from private lawsuits — not from lawsuits by the federal government,” said a unanimous decision by a three-judge panel of the court. The judges also noted that opinions issued by both the Sixth and Seventh Circuit Courts have rejected states’ immunity from lawsuits by the federal government.

In this week’s case, the U.S. Equal Employment Opportunity Commission had filed an age-discrimination lawsuit against the University of Louisiana at Monroe over its treatment of a former professor and administrator. In addition to arguing that the university was immune from the lawsuit, the institution tried to persuade the court that the EEOC could not sue for the professor’s back pay and reinstatement.

The appeal court also rejected that argument, saying the EEOC has broad powers to seek any penalties it thinks are appropriate to enforce the laws.