Courts Rule about how FMLA Applies to States
The Court eventually ruled that state agencies and colleges cannot be sued for disregarding that section of the Act. Under the constitutional rule entitled sovereign immunity, “states, as sovereigns, are immune from suits for damages.” The only method for bypassing the rule, leading to the opening up of states to self-care lawsuits, would be for Congress to show that the self-care FMLA provision was passed in order to protect people from discrimination inherent within state policy. The Court found little evidence to support that the provision was passed for that purpose.
The Court was quick to point out that an individual may still seek a court ruling to stop a state from violating FMLA provisions but cannot recover any monetary damages for the self-care provision only. Other forms of FMLA leave are still open for lawsuits seeking monetary damages.