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FMLA CLAIM BLOCKED BY SOVEREIGN IMMUNITY
Published on: October 13, 2014
Louisiana is immune from suits, except when Louisiana elects to waive the defense of sovereign immunity. In Holliday v. Bd. of Sup’rs of LSU Agric. & Mech. Coll., 2014-0585 (La. 10/15/14), the plaintiff alleged that the Board of Supervisors of LSU Agricultural and Mechanical College was in violation of the Family and Medical Leave Act of 1993, a federal law. The Supreme Court of Louisiana ruled that, while Louisiana may have waived sovereign immunity with respect to some claims, Article 1, § 26 of the Louisiana Constitution indicates that Louisiana has not waived its sovereignty within the federal system. Therefore, the Supreme Court reversed the decision of the trial court, and held that the FMLA claim asserted by the plaintiff fell to the sovereign immunity of Louisiana.
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