Waives the state's sovereign immunity to liability for violations of the Americans with Disabilities Act of 1990, the Fair Labor Standards Act, the Age Discrimination in Employment Act, and the Family and Medical Leave Act; waives the immunity of all instrumentalities and political subdivisions of the state.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6541
SPONSOR: Kelles TITLE OF BILL:
An act to amend the civil rights law, in relation to waiving the state's
sovereign immunity to claims under the Americans with Disabilities Act
of 1990, the Fair Labor Standards Act of 1938, the Age Discrimination in
Employment Act of 1967, and the Family and Medical Leave Act
PURPOSE OR GENERAL IDEA OF BILL:
This bill waives the State's sovereign immunity with regard to applica-
tion of the Americans with Disabilities Act of 1990; the Age Discrimi-
nation in Employment Act of 1967; the Fair Labor Standards Act of 1938;
and the Family and Medical Leave Act of 1993 as they apply to the
protection of state employees. It also waives the immunity of all
instrumentalities and political subdivisions of the state.
SUMMARY OF PROVISIONS:
This bill will restore the rights of state employees to sue the State of
New York for damages due to violations of the Americans with Disabili-
ties Act (ADA), the Age Discrimination in Employment Act (ADEA), the
Fair Labor Standards Act (FLSA) and preserve their rights under the
Family and Medical Leave. Act (FMLA). This would allow the State of New
York to be sued in state or federal court for any violation of the
rights cf state employees under these federal statutes, including the
ADA's access and accommodation standards. In addition, it will ensure
the right of people with disabilities to bring a civil action against
the state for failure to provide access for the disabled public to
government services, programs and activities.
JUSTIFICATION:
On February 22, 2001, the US Supreme Court ruled in Board of Trustees v.
Garrett that in the enactment of the ADA, the US Congress had exceeded
its power to authorize lawsuits by residents against their own states
under the 11th Amendment. On January 11, 2000 the US Supreme Court ruled
in Kimel, J. Daniel Jr. v. Florida Board of Regents that in the enact-
ment of the ADEA, the US Congress had exceeded its power to authorize
lawsuits by residents against their own states under the 11th Amendment.
On June 23,.1999 the US Supreme Court ruled in Alden, John v. Maine that
a state's immunity from suit under FLSA is beyond congressional power to
abrogate by Article I legislation. These rulings allow states to opt to
hold themselves to the standards that were originally set out by the
ADA, the ADEA, and the FLSA prior to those decisions by waiving their
sovereign immunity and thereby permit- ting actions in state and federal
courts. These rulings effectively took away the protection for state
employees under these laws while upholding the same protection for
privately employed individuals, creating a disparity. This bill will
ensure that all employees, including those employed by the state, have
the same protections. Waiver under the ADA will provide redress for
failure to accommodate state employees with disabilities and failure to
provide access for the disabled public to government services, programs
and activities. On May 27, 2003, the US Supreme Court ruled in Nevada
Department of Human Resources v. Hibbs that the family medical care
provision of FMLA is a valid exercise of congressional power to abrogate
the states' 11th Amendment immunity from suit by individuals, because it
remedies gender discrimination. As with ADA, AREA and FLSA, a state
will be required to consent unequivocally to a waiver of its sovereign
immunity, to ensure that state employees have the same protection as
private sector employees under the FMLA.
PRIOR LEGISLATIVE HISTORY:
2022: A.7121 (Kelles)- Passed Assembly
2021: A.7121 (Kelles)- Passed Assembly
2020: A.1092 (Lifton)- Passed Assembly
2019: A.1092 (Lifton)- Passed Assembly
2018: A.2546 (Lifton)- Passed Assembly
2017: A.2546 (Lifton)- Passed Assembly
2016: A.5388 (Lifton)- Passed Assembly
2015: A.5388 (Lifton)- Passed Assembly
2014: A.828 (Lifton) -Passed Assembly
2013: A.828 (Lifton) -Passed Assembly
2012: A.3689 (Lifton)- Passed Assembly
2011: A.3689(Lifotn)- Passed Assembly
2010: A.3651(Lifton)- Passed Assembly
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the State.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
6541
2023-2024 Regular Sessions
IN ASSEMBLY
April 13, 2023
___________
Introduced by M. of A. KELLES -- read once and referred to the Committee
on Governmental Operations
AN ACT to amend the civil rights law, in relation to waiving the state's
sovereign immunity to claims under the Americans with Disabilities Act
of 1990, the Fair Labor Standards Act of 1938, the Age Discrimination
in Employment Act of 1967, and the Family and Medical Leave Act
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The civil rights law is amended by adding a new section 16
2 to read as follows:
3 § 16. Waiver of state immunity. The state hereby waives its sovereign
4 immunity with regard to all claims, actions and proceedings brought
5 pursuant to the federal Americans with Disabilities Act of 1990 (P.L.
6 101-336, as amended), the federal Fair Labor Standards Act of 1938, the
7 federal Age Discrimination in Employment Act of 1967, and the federal
8 Family and Medical Leave Act. The provisions of such acts shall apply
9 to the state, and any instrumentality or political subdivision thereof.
10 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04809-02-3
