Anderson v. State University of New York

• Decision Date: 18 July 2000
• Docket Number: No. 95-CV-0979.,95-CV-0979.
• Citation: 107 F.Supp.2d 158
• Parties: Dr. Janice W. ANDERSON, Ph.D., Plaintiff, v. STATE UNIVERSITY OF NEW YORK, College at New Paltz, Robert L. King, in his official capacity as Chancellor of the State University of New York, Dr. Roger W. Bowen, in his official capacity as President and Chief Administrator of the State University of New York, College at New Paltz, and the Board of Trustees of the State University of New York, Defendants.
• Court: U.S. District Court — Northern District of New York

107 F.Supp.2d 158

Dr. Janice W. ANDERSON, Ph.D., Plaintiff, v. STATE UNIVERSITY OF NEW YORK, College at New Paltz, Robert L. King, in his official capacity as Chancellor of the State University of New York, Dr. Roger W. Bowen, in his official capacity as President and Chief Administrator of the State University of New York, College at New Paltz, and the Board of Trustees of the State University of New York, Defendants.

No. 95-CV-0979.

United States District Court, N.D. New York.

July 18, 2000.

Gleason, Dunn, Walsh & Oshea, Albany, NY, Ronald G. Dunn, of counsel, for plaintiff.

Attorney General of the State of New York, The Capitol, Albany, NY, Howard L. Zwickel, AAG, of counsel, for defendants.

United States Dep't of Justice, Civil Rights Division, Washington, DC, Sharon A. Seeley, AAG, of counsel, for Intervenor United States of America.

Goodman & Zuchlewski, New York City, Janice Goodman, of Counsel, for Amici Curia National Employment Lawyers Association, American Association of University Professors, The Employment Law Center, The National Partnership for Women & Families, and the National Women's Law Center Now Legal Defense & Education Fund.

MEMORANDUM—DECISION & ORDER

McAVOY, District Judge.

Plaintiff Dr. Janice W. Anderson commenced the instant action against Defendants claiming violations of the Equal Pay Act, 29 U.S.C. § 206(d) ("EPA"). Defendants previously moved pursuant to FED. R. CIV. P. 56 seeking, among other things, dismissal of the EPA claim on the ground that, pursuant to the Eleventh Amendment, Defendants were immune from suit in federal court. On December 8, 1997, the Court rendered a decision from the bench finding, among other things, that the EPA abrogated the states' Eleventh Amendment immunity. On appeal, the Second Circuit affirmed. See Anderson v. State Univ. of New York, 169 F.3d 117 (2d Cir.1999), cert. granted and judgment vacated, ___ U.S. ___, 120 S.Ct. 929, 145 L.Ed.2d 807 (2000). The Supreme Court granted certiorari, and vacated and remanded the Second Circuit's opinion for reconsideration in light of its decision in Kimel v. Florida Bd. of Regents, ___ U.S. ___, 120 S.Ct. 631, 145 L.Ed.2d 522 (2000). The Second Circuit, in turn, remanded the matter back to this Court for reconsideration in light of Kimel, Florida Prepaid Postsecondary Educ. Expense Bd., 527 U.S. 627, 119 S.Ct. 2199, 144 L.Ed.2d 575 (1999); Kilcullen v. New York State Dep't of Labor, 205 F.3d 77 (2d Cir.2000); and Muller v. Costello, 187 F.3d 298 (2d Cir.1999). Presently before the Court is Defendants' renewed motion for summary judgment on the ground that the Eleventh Amendment precludes the instant EPA claim.

I. Background

The Court will not now restate the underlying facts as they are not relevant to the narrow legal issue currently presented and they were fully set forth in the Second Circuit's opinion, familiarity with which is assumed. See Anderson, 169 F.3d 117.

II. Whether the EPA Abrogated the State's Eleventh Immunity

The sole issue presented is whether the EPA abrogated the states' Eleventh Amendment immunity.

The Eleventh Amendment states:

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

U.S. CONST. amend. XI. Although the plain language of the Eleventh Amendment does not speak to federal question jurisdiction, it has been extended to cover all suits against the states regardless of their foundation. See Alden v. Maine, 527 U.S. 706, 119 S.Ct. 2240, 2253-54, 144 L.Ed.2d 636 (1999); College Savings Bank v. Florida Prepaid Postsecondary Educ. Expense Bd., 527 U.S. 666, 119 S.Ct. 2219, 2232 n. 5, 144 L.Ed.2d 605 (1999); Idaho v. Coeur d'Alene Tribe of Idaho, 521 U.S. 261, 117 S.Ct. 2028, 2033, 138 L.Ed.2d 438 (1997); Seminole Tribe of Florida v. Florida, 517 U.S. 44, 116 S.Ct. 1114, 1130, 134 L.Ed.2d 252 (1996). Thus, absent any exception to the states' Eleventh Amendment immunity, litigants may not use the federal courts to sue the states. See id.

It is undisputed that the State of New York did not waive its Eleventh Amendment immunity for actions commenced under the EPA. See Anderson, 169 F.3d at 119. Thus, New York is entitled to Eleventh Amendment immunity unless: (1) Congress unequivocally expressed its intent to abrogate that immunity; and (2) if it did, Congress acted pursuant to a valid grant of constitutional authority. See Kimel, 120 S.Ct. at 640.

A. Whether Congress Unequivocally Expressed Its Intent to Abrogate the State's Eleventh Amendment Immunity

Defendant concedes that Congress intended to abrogate the States' sovereign immunity from suit when it extended the coverage of the EPA in 1974. See Def. Mem. of Law, at 11. Moreover, the legislative history supports the notion that Congress intended to subject states to suit in federal courts to enforce their rights under the Fair Labor Standards Act ("FLSA").¹ See H.R.Rep. No. 93-913, 93rd Cong., 2d Sess. 41, reprinted in 1974 U.S.C.C.A.N. 2811, 2850 ("The committee also acted ... to make clear the right of individuals employed by state ... governments ... to bring private actions to enforce their rights .... This amendment is necessitated by the decision of the U.S. Supreme Court in [Employees of Dept. of Public Health and Welfare, Missouri v. Dept. of Public Health and Welfare, Missouri, 411 U.S. 279, 93 S.Ct. 1614, 36 L.Ed.2d 251 (1973)] which held that Congress in extending coverage under the 1966 amendments to school and hospital employees in state and local governments did not explicitly provide the individual a right of action in the Federal courts"). Accordingly, the Court finds that Congress intended to abrogate the states' Eleventh Amendment immunity for suits alleging violations of the EPA. See Hale v. Mann, 219 F.3d 61, 67 (2d Cir.2000); see also Anderson, 169 F.3d at 119; Close v. New York, 125 F.3d 31 (2d Cir.1997); 29 U.S.C. § 216(b).

B. Whether Congress Acted Pursuant to a Valid Grant of Constitutional Authority

The next question is whether, in deciding to subject the states to suit in federal courts, Congress acted pursuant to a valid grant of constitutional authority. Congress may not abrogate a state's Eleventh Amendment immunity under its Article I powers. See Kimel, 120 S.Ct. at 643-44. "Section 5 of the Fourteenth Amendment [`§ 5'], however, does grant Congress the authority to abrogate the States' sovereign immunity." Id. at 644. "Accordingly, [Plaintiff] ... may maintain [her EPA] suit[] against the State[ ] of [New York] ... if, and only if, the [EPA] is appropriate legislation under § 5." Id.

When Congress originally enacted the EPA, it purported to have acted under the Commerce Clause. See 29 U.S.C. § 202(b) ("It is declared to be the policy of this chapter, through the exercise by Congress of its power to regulate commerce among the several states ... to correct and as rapidly as practicable to eliminate the conditions ... referred to in § 202(a)."); see also U.S. CONST. art. I, § 8; Hundertmark v. State of Florida Dep't of Transp., 205 F.3d 1272, 1274 (11th Cir.2000). Congress was not so explicit when it enacted the 1974 amendments.² See Anderson, 169 F.3d at 119 ("[I]n passing the 1974 FLSA Amendments, which extended coverage of the EPA to the states... Congress was silent as to the source of its authority"); Varner v. Illinois State Univ., 150 F.3d 706, 713 (7th Cir.1998), cert. granted and judgment vacated, ___ U.S. ___, 120 S.Ct. 928, 145 L.Ed.2d 806 (2000); Timmer v. Michigan Dep't of Commerce, 104 F.3d 833, 838 (6th Cir.1997). However, Congress's silence as to the source of its authority in enacting the 1974 amendments does not preclude a finding that the EPA is appropriate legislation under § 5. Rather, the relevant inquiry is whether Congress could have acted pursuant to § 5. See EEOC v. Wyoming, 460 U.S. 226, 103 S.Ct. 1054, 1063 n. 18, 75 L.Ed.2d 18 (1983) ("It is in the nature of our review of congressional legislation defended on the basis of Congress's powers under § 5 of the Fourteenth Amendment that we be able to discern some legislative purpose or factual predicate that supports the exercise of that power. That does not mean, however, that Congress need anywhere recite the words `section 5' or `Fourteenth Amendment' or `equal protection,' for the constitutionality of action taken by Congress does not depend on recitals of the power which it undertakes to exercise.") (internal quotations, citations, and alterations omitted); see also Kilcullen, 205 F.3d at 79.

In light of the Congressional recognition that: (1) there has been persistent gender-based wage discrimination in the United States;³ (2) the elimination of such gender-based wage discrimination is in the public interest;⁴ (3) the EPA is an employment-based civil rights law;⁵ and because (4) legislation prohibiting intentional gender-based wage discrimination is proper legislation under § 5;⁶ and (5) the Fourteenth Amendment's Equal Protection Clause provides constitutional protection to gender-based classifications,⁷ the Court finds that, much like Title VII, Congress could have acted pursuant to its § 5 powers when enacting the EPA and extending its application to the states. See, e.g., Union Gas Co., 109 S.Ct. at 2282 ("In Fitzpatrick v. Bitzer, ... we held that Congress may subject States to suits for money damages in federal court when legislating under § 5 of the Fourteenth Amendment, and further held that Congress had done so in the 1972 Amendments to Title VII of the Civil Rights Act of 1964."). In other words, "the objectives of the legislation are within Congress' power under the amendment." Varner, 150 F.3d at 712-714.

Having found that Congress could have acted under its § 5 powers in enacting the EPA, the next question is whether the EPA falls within the scope of Congress' § 5 enforcement powers. This involves a...