What is Sovereign Immunity, and How Does it Impact Employment Law?

The Spiggle Law Firm Podcast Episode 45:
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.
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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