Hundertmark v. Fla.

205 F.3d 1272 (11th Cir. Mar. 7, 2000) ; Clearinghouse Number: 53002

Description

Equal Pay Act, Abrogating States’ Sovereign Immunity, Is Valid Exercise of Congress’ 14th Amendment Enforcement Powers

Abstract

The Eleventh Circuit held that the 11th Amendment did not bar an action against the State of Florida under the Equal Pay Act because Congress had abrogated the States’ sovereign immunity pursuant to section 5 of the 14th Amendment. Because defendant conceded that Congress clearly intended to subject the states to suit under the Act, the sole issue before the court was whether in enacting the Equal Pay Act Congress validly exercised its section 5 powers to enforce the Equal Protection Clause. Examining the Act’s abrogation of the States’ sovereign immunity under the “congruence and proportionality test” articulated by the Supreme Court in City of Boerne v. Flores, 521 U.S. 507 (1997), the Eleventh Circuit found the remedy to be proportional to the substantial injury of gender-based wage discrimination and congruent with the heightened standard of review employed in gender-based equal protection cases. The Eleventh Circuit distinguished the Equal Pay Act from the Age Discrimination in Employment Act, which the Supreme Court overturned because the latter exceeded Congress’ equal protection enforcement powers by creating additional rights based on age classifications. The Eleventh Circuit joined seven other circuits in holding that the Equal Pay Act, because it subjected states to gender-based discrimination actions, was a valid exercise of Congress’ section 5 14th Amendment enforcement powers.

Additional Information

Docket Date
2000-03-07 00:00:00+00:00

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