The Supreme Court ruled January 12 that state employees cannot turn to the federal courts to sue over age bias. The case arose from three separate lawsuits, including one in which 36 current and former faculty members and librarians at Florida State University and Florida International University sued the Florida Board of Regents claiming they were denied raises because they were over 40.
By a 5–4 vote the court said Congress exceeded its authority when it amended the Age Discrimination in Employment Act in 1974 to allow such lawsuits against the states. The Justice Department had sided with the workers, arguing that the 14th Amendment gives Congress the power to enforce equal protection of the laws.
The ruling continued a recent series of Supreme Court decisions, all by identical votes, eroding the federal government’s power over the states.
Posted January 17, 2000.