100
Opinion of Thomas, J.
I
It is natural to begin the clear statement inquiry by examining those provisions that reside within the four corners of the Act in question. Private petitioners and the government correctly observe that the ADEA's substantive provisions extend to the States as employers, see 29 U. S. C. § 623(a) (providing that "[i]t shall be unlawful for an employer" to engage in certain age discriminatory practices); § 630(b) (defining "employer" to include "a State or a political subdivision of a State"); § 630(f) (defining "employee" as "an individual employed by any employer"), and that the ADEA establishes an individual right-of-action provision for "ag-grieved" persons, see § 626(c)(1) ("Any person aggrieved may bring a civil action in any court of competent jurisdiction for such legal or equitable relief as will effectuate the purposes of this chapter"). Since, in the case of a state employee, the only possible defendant is the State, it is submitted that Congress clearly expressed its intent that a state employee may qualify as a "person aggrieved" under § 626(c)(1) and bring suit against his state employer in federal court.
While the argument may have some logical appeal, it is squarely foreclosed by precedent—which explains the Court's decision to employ different reasoning in finding a clear statement, see ante, at 73. In Employees, we confronted the pre-1974 version of the Fair Labor Standards Act of 1938 (FLSA), which clearly extended as a substantive matter to state employers, and included the following private right-of-action provision: " 'Action to recover such liability may be maintained in any court of competent jurisdiction.' " Employees, supra, at 283 (quoting 29 U. S. C. § 216(b) (1970 ed.)). We held that this language fell short of a clear statement of Congress' intent to abrogate. The FLSA's substantive coverage of state employers could be given meaning through enforcement by the Secretary of Labor, which would raise no Eleventh Amendment issue, 411 U. S., at 285-286, and we were "reluctant to believe that Congress in pursuit
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