The Supreme Court ruled yesterday that states can be sued for violating their employees' federally guaranteed right to take time off for family emergencies. The case, Nevada Department of Human Resources v. Hibbs, hinged on the Nevada's claim to constitutional immunity from suit under the Family and Medical Leave Act. The Court concluded that Congress intended to protect the right to be free from gender-based discrimination in the workplace, thus rejecting Nevada's argument that the law should be seen as a federal labor regulation that simply conferred a benefit of employment.
See "Supreme Court Ruling Increases Federal Power", Linda Greenhouse, The New York Times, May 27, 2003