UUP: Waive New York State's Sovereign Immunity

Level of Government: State

As a State University of New York (SUNY) employee and member of United University Professions (UUP), the labor union that represents SUNY academic and professional faculty, I strongly believe that all workers should be treated fairly in the workplace and under the law.

To that end, I support the enactment of legislation (A03651/S02833) which waives the state's sovereign immunity with regard to claims under the Americans with Disabilities Act of 1990, the Fair Labor Standards Act of 1938, the Age Discrimination in Employment Act of 1967, and the Family and Medical Leave Act.

This legislation will grant state employees the same rights afforded to private sector employees in New York. Private sector employers are subject to lawsuits from their employees for discriminatory practices under federal law. Recent rulings by the U.S. Supreme Court in separate cases, however, have held that Congress unlawfully authorized individuals to seek legal recourse against their own states. The Court ruled that states have sovereign immunity from lawsuits brought against them under these federal acts and it is up to each state to decide whether to waive such immunity.

It is wrong for New York to continue allowing disparate treatment of employees working in this state. Ensuring that every worker in this state has the same rights under the law is the duty of state government and essential to maintaining a just and civil society. This legislation remedies the inequitable treatment of state employees by waiving the state's sovereign immunity which will ensure that state employees, who have been treated unfairly or discriminated against by their state employer under the aforementioned federal acts, will have the right to bring such matter before a court of law.

I strongly urge you to support the passage of "sovereign immunity" legislation and thank you for your support on this issue.

Sincerely,

Your Name Here