Cite as: 528 U. S. 62 (2000)
Opinion of Thomas, J.
of a harmonious federalism desired to treat the States so harshly" by abrogating their Eleventh Amendment immunity, id., at 286. See also, e. g., Dellmuth v. Muth, 491 U. S. 223, 228 (1989) (holding that Congress had not clearly stated its intent to abrogate in a statute that authorized "parties aggrieved . . . to 'bring a civil action . . . in any State court of competent jurisdiction or in a district court of the United States without regard to the amount in controversy' ") (quoting 20 U. S. C. § 1415(e)(2) (1982 ed.)).
The ADEA is no different from the version of the FLSA we examined in Employees. It unquestionably extends as a substantive matter to state employers, but does not mention States in its right-of-action provision: "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." 29 U. S. C. § 626(c)(1). This provision simply does not reveal Congress' attention to the augmented liability and diminished sovereignty concomitant to an abrogation of Eleventh Amendment immunity. "Congress, acting responsibly, would not be presumed to take such action silently." Employees, supra, at 284-285.
II
Perhaps recognizing the obstacle posed by Employees, private petitioners and the Government contend that the ADEA incorporates a clear statement from the FLSA. The ADEA's incorporating reference, which has remained constant since the enactment of the ADEA in 1967, provides: "The provisions of this chapter shall be enforced in accordance with the powers, remedies, and procedures provided in sections 211(b), 216 (except for subsection (a) thereof), and 217 of this title, and subsection (c) of this section." 29 U. S. C. § 626(b). It is argued that § 216(b)—one of the incorporated provisions from the FLSA—unequivocally abrogates the States' immunity from suit in federal court. That section states in relevant part that "[a]n action
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