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Supreme Court says states can’t be sued for violating sick-leave law

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posted on Mar, 21 2012 @ 10:14 AM
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Supreme Court says states can’t be sued for violating sick-leave law


A Supreme Court decision has apparently limited
the Federal law FMLA.
(Family and Medical Leave Act of 1993)

It looks like State employees can't sue employers (States) for violations
of the Federal Law !!

By Eric W. Dolan
Tuesday, March 20, 2012 18:30 EDT
The Raw Story

Women’s groups warned that the U.S. Supreme Court on Tuesday had severely undermined the Family and Medical Leave Act for state workers.

“By the narrowest of margins, the Court ruled that millions of state workers all across this country will have no meaningful recourse if their employers deny them medical leave under the Family and Medical Leave Act (FMLA),” Debra L. Ness, the president of the group, said. “This effectively puts state workers and their families at risk when workers become pregnant or illness strikes. It is an appalling and dangerous ruling that simply cannot stand.”

In a 5 to 4 decision, the Supreme Court held that Daniel Coleman could not sue the Maryland Court of Appeals, his employer, under the FMLA because the court was immune from damage suits as an entity of a sovereign state.

“States may not be subject to suits for damages based on violations of a comprehensive statute unless Congress has identified a specific pattern of constitutional violations by state employers,” Justice Kennedy explained for the majority opinion in Coleman v. Maryland Court of Appeals....

FMLA and State Workers ?


I wonder if State employees who have union contracts

have specific clauses in contract language ?

Many unions simply depend on the language of laws



Very Tricky !!




posted on Mar, 21 2012 @ 10:19 AM
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Another smack to American workers by their slave master corporations.Makes my blood boil how they feel immune from the laws.



posted on Mar, 21 2012 @ 10:20 AM
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reply to post by xuenchen
 


That's not what this ruling says, it says you can't sue the courts which is correct. The U.S. constitution says no one can sue any court in America which is correct.



posted on Mar, 21 2012 @ 10:21 AM
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Originally posted by AgentX09
Another smack to American workers by their slave master corporations.Makes my blood boil how they feel immune from the laws.


It could look that way.

But remember, this only affects workers that
have State government jobs.

I don't think this affects employees of private companies (yet).



posted on Mar, 21 2012 @ 10:26 AM
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Originally posted by TWISTEDWORDS
reply to post by xuenchen
 


That's not what this ruling says, it says you can't sue the courts which is correct. The U.S. constitution says no one can sue any court in America which is correct.


That's kind of what I thought.

But Justice Kennedy's statement could be interpreted differently ?


“States may not be subject to suits for damages based on violations of a comprehensive statute unless Congress has identified a specific pattern of constitutional violations by state employers,” Justice Kennedy explained for the majority opinion in Coleman v. Maryland Court of Appeals.




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