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

Insights for Employers Alert
Jun 9, 2026
A Win for Employers: Federal District Court Finds $100,000 H-1B Visa Petition Fee is Unlawful

Press Release
Jun 9, 2026
Calvin Edwards Honored With 2026 Rising Star Award by the Black Men Lawyers’ Association

Webinar
Jun 9, 2026
John DeLascio Speaks on How Social Inflation is Reshaping Insurance Risk

Consumer Crossroads: Where Financial Services and Litigation Intersect
Jun 8, 2026
Court Distinguishes Between Clickwrap and Browsewrap Arbitration Agreements

Webinar
Jun 8, 2026
Aimee Delaney and Jason Oliveri Speak on Workplace Generative AI Usage

Insights for Insurers Alert
Jun 8, 2026
New York’s Sweeping Motor Vehicle Tort Law Reforms: More Than Meets the Eye

Privacy, Cyber & AI Decoded Alert
Jun 5, 2026
AI Governance Expectations on the Rise for Insurers Amid New Regulatory Activity

Press Release
Jun 4, 2026
Hinshaw Recognized Nationally in 2026 Chambers USA Directory




