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What is Sovereign Immunity, and How Does it Impact Employment Law?
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What is Sovereign Immunity, and how could it impact your claim against a government entity? Ross Fodera, an attorney with The Spiggle Law Firm, joins Tom to discuss the complicated topic of sovereign immunity as it relates to discrimination and retaliation claims with government entities.
They look at the recent Dupree vs. Owens case, a decision from the 11th Circuit Court of Appeals in February 2024.
In this case, the claimants brought both Title I ADA claims related to employment and Title V ADA claims addressing retaliation. The court ultimately ruled that the claims were barred by sovereign immunity, setting a precedent that could significantly affect future ADA employment discrimination claims against state entities.
Sovereign immunity means that federal and state governments must consent to be sued, or else they enjoy protection from litigation. This immunity comes from the 11th Amendment of the U.S. Constitution and can only be circumvented in cases where the law expressly permits actions against the state.
Understanding this principle is crucial if you're considering legal action against a government entity.
Chapters
(00:00) Introduction and discussion of Dupree v. Owens decision
(02:23) What is Sovereign Immunity
(05:08) What does it mean when a claim is dismissed with or without prejudice
(09:32) Why you want to have a lawyer when suing government entities
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Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.
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