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Federal Civil Rights Legislation and State Sovereign Immunity
Academic journal article from Journal of Legal, Ethical and Regulatory Issues, Vol. 10, No. 1
Beginning of article
ABSTRACT
State governments employ millions of people, and provide services to millions of Americans as well, some of which are of a governmental nature, but many of which are similar to those offered by the private sector. While the employment practices of most private employers are governed by a number of federal laws, state employers may not be required to conform to those regulations. Similarly, while the manner in which private employers provide services to the public are regulated by federal laws, state and local governmental service providers may be exempt from that regulatory scheme. Why? The Eleventh Amendment to the United States Constitution provides that, "The Judicial …
