Submitted by irwin Ironstone, Dec 5, 2007 20:37

it is nice to think that the exam that the city gives is a state exam. that would suggest that the only party who could make the claim is the United states since the 11th amendment protects the state.

If the city is only working as an agent for the state, then the party who must be sued is the state. TBSO
to bad, so sad, but the only way that this type of action can be brought is by the federal government or by a branch of the city or states eeoc - who must review the issue first. If they find that there is no fault, then it is possible for the parties to bring the exam under title VII

If it ever gets to SCOTUS, it will not be found under the 11th amendment that the wrong party is in the action and that individuals can only sue for injunctive or declaritory relief?

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