CHITTISTER v. DEPARTMENT OF COMMUNITY AND ECON. DEV.

No. 00-3140.

226 F.3d 223 (2000)

David D. CHITTISTER, Appellant, v. DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT; David Black; Larry Segal.

United States Court of Appeals, Third Circuit.

Filed August 30, 2000.


Attorney(s) appearing for the Case

Andrew J. Ostrowski, (argued), Harrisburg, PA, Counsel for Appellants.

D. Michael Fisher, Attorney General, J. Bart DeLone, Deputy Attorney General, Calvin R. Koons, Senior Deputy Attorney General, John G. Knorr, III, Chief Deputy Attorney General, (argued), Office of Attorney General, Appellate Litigation Section, Harrisburg, PA, Counsel for Appellees.

Before: ALITO and McKEE, Circuit Judges, and FULLAM, Senior District Judge.


OPINION OF THE COURT

ALITO, Circuit Judge:

In this case, we must decide whether Congress validly abrogated the states' Eleventh Amendment immunity when it enacted provisions of the Family and Medical Leave Act of 1993 ("FMLA"), 29 U.S.C. §§ 2601-54, that require a broad class of employers, including states, to provide their employees with 12 weeks of leave "[b]ecause of a serious health condition that makes the employee unable to perform the functions...

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