State Employee’s Retaliation Claim Barred by Eleventh Amendment
1 min read
Aug 21, 2013
An employee for a State administrative agency sued the agency and various state employees alleging retaliation in response to a prior disability discrimination suit he filed against the same employer. Among other defenses, the employer asserted that as a state agency it was immune from suit under the Eleventh Amendment and the doctrine of sovereign immunity. The district court did not rule on the issue but granted summary judgment for the employer on other grounds.
The Eighth Circuit Court of Appeals ultimately found that retaliation claims for money damages under Title V of the Americans with Disabilities Act (ADA) are barred by the Eleventh Amendment. The Court reasoned that absent a pattern of discrimination by states against employees who oppose unlawful employment discrimination against the disabled, Congress could not abrogate the states' Eleventh Amendment immunity from Title V claims. Consequently, the employee's claims were dismissed.
This case is significant for government employers in that it recognizes additional protections against employees' ADA claims for retaliation. For more information read Lors v. Dean, No. 12-2955 (8th Cir. August 8, 2013).
Featured Insights

Event
Mar 3 – 5, 2026
25th Annual Legal Malpractice & Risk Management (LMRM) Conference

Press Release
Feb 13, 2026
Hinshaw Team Wins Appeal in Criminal Indictment of Waukegan City Clerk Janet Kilkelly

Press Release
Feb 10, 2026
Hinshaw Trial Team Secures $0 Defense Verdict in $15 Million Auto Accident Trial

Press Release
Feb 4, 2026
Hinshaw Celebrates 17 Consecutive Years of Being Named an Equality 100 Award Winner

Press Release
Feb 5, 2026
Hinshaw Legal Team Secures Directed Verdict in Florida Equine Fraud Case

Press Release
Feb 2, 2026
Hinshaw Welcomes 16 Attorneys in Seven Offices and Announces Opening of a Cleveland Office

Press Release
Jan 20, 2026
Hinshaw Attorneys Named to the LCLD 2026 Fellowship Class and 2026 Pathfinder Program

Press Release
Jan 15, 2026
Hinshaw Client Secures a Complete Jury Verdict in Fraudulent Misrepresentation Horse Sale Case

Press Release
Jan 6, 2026
Hinshaw Adds Four-Member Consumer Financial Services Team in DC and Florida



