What's happening
This bill waives New York State's sovereign immunity, allowing lawsuits against the state under the ADA, FLSA, ADEA, and FMLA.
Why it matters
Expands legal accountability. By waiving sovereign immunity, New York State allows individuals to sue the state and its agencies for violations under key federal laws—ADA, FLSA, ADEA, and FMLA—just as they could sue private employers, closing a significant legal loophole.
Greater protections for workers and individuals with disabilities. This change ensures that state employees and people interacting with state institutions can fully enforce their rights regarding workplace discrimination, unpaid wages, family/medical leave, and disability access.
Potential for increased state liability and litigation. The state could face more lawsuits and financial consequences for non-compliance with federal standards, creating a stronger incentive for state agencies to proactively comply with these laws.
Signals a policy shift towards equality and accountability. By voluntarily subjecting itself to federal civil rights and labor laws, New York demonstrates a commitment to upholding these standards, possibly encouraging other states to follow suit.
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Who cares
Headline styles
Let Disabled Sue State
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Allow Lawsuits Against State
In Senate Committee · Codes · Sponsor Barbara Lifton
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5208
2019-2020 Regular Sessions
IN SENATE
April 16, 2019
Introduced by Sen. SANDERS -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
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 Assembly, do enact as follows:
Section 1. The civil rights law is amended by adding a new section 16 to read as follows:
§ 16. Waiver of state immunity. The state hereby waives its sovereign immunity with regard to all claims, actions and proceedings brought pursuant to the federal Americans with Disabilities Act of 1990 (P.L. 101-336, as amended), the federal Fair Labor Standards Act of 1938, the federal Age Discrimination in Employment Act of 1967, and the federal Family and Medical Leave Act. The provisions of such acts shall apply to the state, and any instrumentality or political subdivision thereof.
§ 2. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after February 21, 2001.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01824-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 specific 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 of state employees under these federal statutes, including the ADA's access and accommodation standards. In addition, it will insure 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.
Read the full memo (742 words)
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 enactment 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 as they have had under the ADA since 1990 and under ADEA and FLSA since they were amended in 1974 to include states. 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. Since then two of the six Justice majority have been replaced, raising speculation that this decision may later be over- turned. In addition, the U.S. Supreme Court has not yet ruled on the personal medical leave provision of FMLA. A number of federal courts have concluded that the personal medical leave provision of FMLA was not validly enacted under Congress' enforcement power, making it likely to be declared an invalid exercise of Congressional power when it does reach the U.S. Supreme Court. As with ADA, ADEA and FLSA, a state will be required to consent unequivocally to a waiver of its sovereign immu- nity, to ensure that state employees have the same protection as private sector employees under the FMLA.
Prior legislative history
2001-02: A.5971; same as S.5493 passed Assembly 2003-04: A.5511; passed Assembly 2005-06: A2159; passed Assembly 2007-08: A7653; same as S6698 referred to Codes 2009-10: A3651; passed Assembly 2011-12: A3689; passed Assembly 2013-14: A828; passed Assembly 2015-16: A5388; passed Assembly 2017-18: A2546; passed Assembly.
Fiscal implications
No change in fiscal liability.
Effective date
Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.