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eBook details

• Title: Blanciak v. Allegheny Ludlum Corp.
• Author : In the United States Court of Appeals for the Seventh Circuit
• Release Date : January 16, 1996
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 71 KB

Description

We are asked to determine whether the Eleventh Amendment to the United States Constitution bars a federal court from considering an age discrimination claim against the Commonwealth of Pennsylvania, Department of Labor and Industry ("Commonwealth"), that was acting in its capacity as an "employment agency" under the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. Section(s) 621, et seq., when the alleged discrimination occurred. We must also determine whether the Eleventh Amendment bars an equitable award of "front pay" against the Commonwealth and its officials under 42 U.S.C. Section(s) 1983. Because we conclude that Congress has not abrogated the Eleventh Amendments grant of constitutional immunity to states while acting as employment agencies under the ADEA, we will affirm the district courts finding that plaintiffs ADEA claims are barred by the Eleventh Amendment. Furthermore, because we conclude that plaintiffs equitable "front pay" claims under Section(s) 1983 seek monetary compensation to remedy a past wrong, we will affirm the district courts finding that the Eleventh Amendment bars those claims. Finally, we conclude that plaintiffs remaining declaratory and injunctive claims under Section(s) 1983 have been rendered moot.

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