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.