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SIMS v. UNIVERSITY OF CINCINNATI

No. 99-3274.

219 F.3d 559 (2000)

Naomi L. SIMS, Plaintiff-Appellant, United States of America, Intervenor, v. The UNIVERSITY OF CINCINNATI, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 17, 2000.

Attorney(s) appearing for the Case

Mark Joseph Byrne (briefed), Jacobs, Kleinman, Seibel & McNally, Cincinnati, Ohio, for Plaintiff-Appellant.

Robert J. Townsend, David H. Peck (briefed), Taft, Stettinius & Hollister, Cincinnati, Ohio, Stephen P. Carney (argued and briefed), Office of the Attorney General of Ohio, Associate Solicitor, Columbus, Ohio, for Defendant-Appellee.

Mark B. Stern (briefed), Peter J. Smith (argued and briefed), U.S. Department of Justice, Civil Division, Appellate Staff, Washington, D.C., for Intervenor.

Before: GUY, NORRIS, and BATCHELDER, Circuit Judges.

OPINION

BATCHELDER, Circuit Judge.

This case requires us to decide whether the Family and Medical Leave Act of 1993 ("FMLA"), 29 U.S.C. §§ 2601 et seq., is a valid exercise of Congress's power to enforce the Fourteenth Amendment and thus abrogates the States' Eleventh Amendment immunity. We hold that it is not and does not.

I

Naomi L. Sims worked as a medical secretary at the University of Cincinnati, where she was represented...

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