Kimel v. Florida Bd. of Regents, 528 U.S. 62, 23 (2000)

Page:   Index   Previous  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  Next

74

KIMEL v. FLORIDA BD. OF REGENTS

Opinion of the Court

in any Federal or State court of competent jurisdiction . . . ." Any doubt concerning the identity of the "public agency" defendant named in § 216(b) is dispelled by looking to § 203(x), which defines the term to include "the government of a State or political subdivision thereof," and "any agency of . . . a State, or a political subdivision of a State." Read as a whole, the plain language of these provisions clearly demonstrates Congress' intent to subject the States to suit for money damages at the hands of individual employees.

Respondents maintain that these statutory sections are less than "unmistakably clear" for two reasons. Brief for Respondents 15. First, they note that the ADEA already contains its own enforcement provision, § 626(c)(1), which provides in relevant part that "[a]ny 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." Respondents claim that the existence of § 626(c)(1) renders Congress' intent to incorporate the clear statement of abrogation in § 216(b), the FLSA's enforcement provision, ambiguous. The text of the ADEA forecloses respondents' argument. Section 626(b) clearly states that the ADEA "shall be enforced in accordance with the powers, remedies, and procedures provided in [section 216(b)] and subsection (c) of this section." § 626(b) (emphasis added). In accord with that statutory language, we have explained repeatedly that § 626(b) incorporates the FLSA's enforcement provisions, and that those remedial options operate together with § 626(c)(1). See McKennon v. Nashville Banner Publishing Co., 513 U. S. 352, 357 (1995) ("[The ADEA's] remedial provisions incorporate by reference the provisions of the Fair Labor Standards Act of 1938"); Hoffmann-La Roche Inc. v. Sperling, 493 U. S. 165, 167 (1989) ("[T]he ADEA incorporates enforcement provisions of the Fair Labor Standards Act of 1938, and provides that the ADEA shall be enforced using certain of the powers, remedies, and procedures of the FLSA" (citation omitted)); Lorillard v. Pons, 434 U. S.

Page:   Index   Previous  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  Next

Last modified: October 4, 2007