In almost half the states.state employees are not able to sue their state employers under the ADEA.

Question

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Under the U.S. Constitution's Eleventh Amendment, states cannot be sued by citizens of another state. Federal courts have interpreted the Eleventh Amendment to extend immunity to states not consenting to being sued by their citizens. The U.S. Supreme Court determined that while Congress intended to allow state employees to sue their state employers under the ADEA, this attempt exceeded congressional authority. Therefore, in almost half the states, specifically those that have not waived sovereign immunity, state employees are not able to sue their state employers under the ADEA.

In Almost Half the States