Sec. 2. Waiver of sovereign immunity under the eleventh Amendment with respect to enforcement of employment and reemployment rights of members of the uniformed services
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Section 4323 of title 38, United States Code, is amended— in subsection (b), by striking paragraph
(2)and inserting the following new paragraph: In the case of an action against a State (as an employer) by a person, the action may be brought in the appropriate district court of the United States or State court of competent jurisdiction. ; by redesignating subsection
(i)as subsection (j); and by inserting after subsection
(h)the following new subsection: A State’s receipt or use of Federal financial assistance for any program or activity of a State shall constitute a waiver of sovereign immunity, under the eleventh amendment to the Constitution or otherwise, to a suit brought by— a person who is or was an employee in that program or activity for the rights or benefits authorized the person by this chapter; a person applying to be such an employee in that program or activity for the rights or benefits authorized the person by this chapter; or a person seeking reemployment as an employee in that program or activity for the rights or benefits authorized the person by this chapter. In this subsection, the term program or activity has the meaning given that term in section 309 of the Age Discrimination Act of 1975 ( 42 U.S.C. 6107 ). . The amendments made by subsection
(a)shall apply to— any failure to comply with a provision of or any violation of chapter 43 of title 38, United States Code, that occurs before, on, or after the date of the enactment of this Act; and to all actions or complaints filed under such chapter 43 that are commenced after the date of the enactment of this Act.
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Sec. 2
Waiver of sovereign immunity under the eleventh Amendment with respect to enforcement of employment and reemployment rights of members of the uniformed services
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