The Supreme Court ruled in Coleman v. Maryland Court of Appeals, 132 SCt 1327 (2012), that sovereign immunity under the Eleventh Amendment barred a suit against a state for money damages under the Family Medical Leave Act (FMLA). The Sixth Circuit considered recently in Diaz v. Michigan Dept. of Corrections, No. 11-1075 (January 7, 2013), whether a state's sovereign immunity under the Eleventh Amendment likewise barred a claim under the FMLA for the equitable remedy of reinstatement to employment.
The Sixth Circuit found this an easy question and ruled that a state's sovereign immunity under the Eleventh Amendment does not bar a claim under the FMLA for an equitable remedy of reinstatement.
