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IN RE EMPLOYMENT DISCRIMINATION LITIGATION

No. 98-6600.

198 F.3d 1305 (1999)

IN RE: EMPLOYMENT DISCRIMINATION LITIGATION AGAINST THE STATE OF ALABAMA, et al., Eugene Crum, Jr., individually and on behalf of a class of similarly situated individuals, Robert L. Smith, et al., Plaintiffs-Appellees, v. State of Alabama, Halycon Vance Ballard, individually and in her official capacity as Director, Alabama Department of Personnel, et al., Defendants-Appellants, United States of America, Intervenor.

United States Court of Appeals, Eleventh Circuit.

December 29, 1999.

Attorney(s) appearing for the Case

T. Dwight Sloan, Balch & Bingham, Birmingham, AL, John R. Wible, Ashley H. Hamlett, Montgomery, AL, Thomas T. Gallion, III, Haskell, Slaughter, Young, Johnston & Gallion, Frank DeCalve Marsh, Alabama Dept. of Indus. Relations, John J. Park, Jr., Montgomery, AL, Roger Lee Bates, Tingle, Watson & Bates, P.C., Mark T. Waggoner, Hand Arendall, L.L.C., Birmingham, AL, for Defendants-Appellants.

Robert F. Childs, Jr., Robert L. Wiggins, Jr., Gordon, Silberman, Wiggins & Childs, Birmingham, AL, David T. Goldberg, NAACP Legal Defense Fund, New York City, for Plaintiffs-Appellees.

Leslie A. Simon, Seth M. Galanter, Appellate Section, Civil Rights Div., U.S. Dept. of Justice, Washington, DC, for Intervenor, U.S.

Before ANDERSON, Chief Judge, TJOFLAT, Circuit Judge, and FAY, Senior Circuit Judge.

TJOFLAT, Circuit Judge:

The question presented in this appeal is whether Congress validly abrogated the states' Eleventh Amendment sovereign immunity from claims arising under the disparate impact provisions of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq. We answer in the affirmative.

I.

On March 24, 1994, the United States District Court for the Middle District of Alabama consolidated several race...

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