Benny files a suit in a federal district court against the state of California, alleging employment discrimination under the Age Discrimination in Employment Act. The state asks the court to dismiss the suit. The court is most likely to rule that

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States are generally immune from suits filed against them by individuals in federal court unless the state has waived its immunity or Congress has abrogated the immunity through legislation. While the Age Discrimination in Employment Act does permit individuals to sue state employers for discrimination, the law only applies to states that have waived their immunity. California has not waived its immunity, so Benny's suit is likely to be dismissed.

Benny Files a Suit in a Federal District Court Against