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)|
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.
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.
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.