Thursday, April 20, 2006

employment - FMLA - 11th Amendment

Febres v. Camden Board of Education - 3d Cir. - April 18, 2006

Held: a local board of education is not an "arm of the state" under the 11th Amendment in a suit under the self-care provision of the Family and Medical Leave Act (FMLA), 29 USC 2612 (a)(1)(D). The court applied the test set out in Fitchik v. N.J. Transit Rail Operations, 873 F.2d 655, 659 (3d Cir. 1989), which "has been reiterated and applied many times since."