Employment & Labor Law
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Bylsma v. Freeman
16 Fla. L. Weekly Fed. C1180a (M.D. Ala. September 30, 2003)
Appellant sued her employer under the First Amendment, the Family and Medical Leave Act and Title VII. The lower court held that Congress did not validly abrogate 11th amendment immunity for claims under the FMLA. On appeal, the court reversed in light of the recent ruling in Nevada Department of Human Resources v. Hibbs, 123 S.Ct. 1972 (2003), which held that state employees may recover money damages in federal court in the event of the state's failure to comply with the family-care provision of the FMLA.
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