• LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

No sovereign immunity for public school bodies

by on
in Discrimination and Harassment,Employment Law,Human Resources

Generally, state agencies can’t be sued in federal court for federal employment law violations unless they have explicitly agreed to give up their right to sovereign immunity. Even so, federal courts are reluctant to leave employees out in the cold.

Recent case:
Carrie Gorton worked for the Sullivan County Board of Cooperative Educational Services, claiming she had suffered sexual harassment at the hands of a co-worker. The school agency claimed it was an arm of the state and therefore immune. It had been created under New York state law in order to let school districts share the costs of some educational expenses.

The 2nd Circuit said the agency was no different than public school districts, which have long been subject to employee lawsuits and not immune under sovereign immunity. The appeals court let the lawsuit proceed. (Gorton v. Gettel, et al., No. 07-3190, 2nd Cir., 2009)

Like what you've read? ...Republish it and share great business tips!

Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...

We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.

The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.

" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/8967/no-sovereign-immunity-for-public-school-bodies "

Leave a Comment