Sec. 102. Waiver of sovereign immunity for enforcement of employment and reemployment rights of members of uniformed services
281 words·~1 min read·
/bill/115/s/646/is/section-102·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Paragraph
(2)of section 4323(b) of title 38, United States Code, is amended to read as follows: In the case of an action against a State (as an employer), any instrumentality of a State, or any officer or employee of a State or instrumentality of a State acting in that officer or employee’s official capacity, by any person, the action may be brought in the appropriate district court of the United States or in a State court of competent jurisdiction, and the State, instrumentality of the State, or officer or employee of the State or instrumentality acting in that officer or employee’s official capacity shall not be immune under the Eleventh Amendment of the Constitution, or under any other doctrine of sovereign immunity, from such action. No State, instrumentality of such State, or officer or employee of such State or instrumentality of such State, acting in that officer or employee’s official capacity, that receives or uses Federal financial assistance for a program or activity shall be immune, under the Eleventh Amendment of the Constitution or under any other doctrine of sovereign immunity, from suit in Federal or State court by any person for any violation under this chapter related to such program or activity. In an action against a State brought pursuant to subsection (a), a court may award the remedies (including remedies both at law and in equity) that are available under subsections
(d)and (e). . Section 4301(a) of such title is amended, in the matter before paragraph (1), by striking The and inserting Pursuant to the power of Congress to enact this chapter under section 8 of article I of the Constitution of the United States, the .