State Employee’s Retaliation Claim Barred by Eleventh Amendment

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).