Kimel v. Florida Board of Regents

The Age Discrimination Act of 1967, makes it unlawful for an employer, including a State, to fail or refuse to hire or to discharge any individual because of such individual's age. Plaintiff's filed suit under the Act, claiming unlawful discrimination on the basis of age. The Court was left to determine whether the ADEA provided a clear statement of Congress's intent to abrogate State's immunity, and if that abrogation exceeded Congress's authority.

Although the ADEA does contain a clear statement of Congress' intent to abrogate the States' immunity, that abrogation exceeded Congress' authority under section 5 of the Fourteenth Amendment.

The Federal Legislative Power | Congress's Power to Authorize Suits Against State Governments