Wednesday, September 3rd, 2008...4:18 am
9th Circuit Addresses the Constitutionality of GERA
Jump to Comments
The 1991 civil rights amendments included the Government Employees Rights Act, which protected state political appointees from employment discrimination based on sex, age, etc. The issue now before the 9th Circuit on rehearing en banc is whether Congress failed to abrogate the states’ 11th Amendment immunity when it relied on earlier congressional findings that didn’t include evidence of state discrimination against this particular sub-class of employees.
The 3-judge panel held GERA unconstitutional. Alaska v. EEOC, 508 F.3d 476 (9th Cir. 2007). The EEOC and intervenor Margaret Ward successfully petitioned for rehearing en banc. Oral argument is set for September 24th in San Francisco.
Here’s the briefing:
Leave a Reply
You must be logged in to post a comment.