Legislation is pending in Illinois, New York and Rhode Island to restore the rights of state employees, many represented by the FPE/AFT, to sue their employers under a string of federal laws. Specifically:

• H.B. 3722 in Illinois would waive state immunity to lawsuits filed under the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Family and Medical Leave Act (FMLA) and the Fair Labor Standards Act (FLSA);

• A. 05971 in New York would waive state immunity to liability under the ADA; and

• S. 2190 and H. 7438 in Rhode Island would permit state employees to sue for violations of the ADA, the ADEA and the FLSA as well as allow the state's university system employees, represented by the AFT's higher education division, to enforce patent and copyright laws.

A series of U.S. Supreme Court decisions over the past few years has effectively barred state employees from suing their employers for violations of these federal laws. The High Court's rulings hinge on the 11th Amendment and its sovereign immunity doctrine, which prohibits state and federal courts from awarding money damages under such laws against a state unless the state consents to being sued.

"I think all state employees have a stake in legislation to give them the same legal protections as all other workers," says Jim Parisi, a field representative for the Rhode Island Federation of Teachers and Health Professionals/AFT. "Our bill gives all Rhode Islanders the ability to ensure that the state complies with the same labor, civil rights and anti-discrimination laws as everyone else."

Sovereign immunity has its roots in English common law and is based on the premise that "the king can do no wrong."

"Traditionally, states have taken a leadership role in setting an example for private sector employers by upholding civil rights principles and statutes," says AFT counsel David Strom. "For example, many states were willing to offer employment opportunities to women and minorities before their counterparts in the private sector were. Here, instead of acting as civil rights leaders, the states are treating their employees like second-class citizens, giving them less protection than other citizens. To restore the balance, state lawmakers should adopt waivers."

"State employees ought to have the same option for redress of civil rights violations as workers in the private sector," says Rep. Barbara Flynn Currie, the Illinois lawmaker who introduced H.B. 3722. "If you work for Ford Motor Company, the city of Chicago or your local school district, you have the option to go to the EEOC. Only state workers are denied that right. Passage of H.B. 3722 would ensure that state workers don't face double discrimination."