Kimel v. Florida Bd. of Regents
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| Kimel v. Florida Bd. of Regents | |
| Court | U.S. Supreme Court |
|---|---|
| Citation | 120 S.Ct. 631 (2000) |
| Date decided | 2000 |
Facts
Congress enacted the Age Discrimination in Employment Act to make it unlawful for a State to fail or refuse to hire an individual because of his age, and allowed money damages for the discrimination.
Issues
Whether the ADEA is constitutional by containing a clear statement of Congress’ intent to abrogate the 11th Amendment immunity, and if so, whether it is a proper exercise of Congress’s constitutional authority.
Holding
No
Rule
Congress has the power to pass laws that enforce, not what constitutes a violation. Using the congruence and proportionality test, this is not appropriate legislation.
