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NEVADA DEPT. OF HUMAN RESOURCES v. HIBBS

No. 01-1368.

538 U.S. 721 (2003)

NEVADA DEPARTMENT OF HUMAN RESOURCES ET AL. v. HIBBS ET AL.

Supreme Court of United States.

Decided May 27, 2003.

Attorney(s) appearing for the Case

Paul G. Taggart, Deputy Attorney General of Nevada, argued the cause for petitioners. With him on the briefs were Frankie Sue Del Papa, Attorney General, and Traci L. Lovitt.

Cornelia T. L. Pillard argued the cause for respondent Hibbs. With her on the brief were Jonathan J. Frankel, Judith L. Lichtman, and Treva J. Hearne.

Assistant Attorney General Dinh argued the cause for the United States. With him on the brief were Solicitor General Olson, Assistant Attorneys General Boyd and McCallum, Deputy Solicitor General Clement, Patricia A. Millett, Mark B. Stern, and Kathleen Kane.*

REHNQUIST, C. J., delivered the opinion of the Court, in which O'CONNOR, SOUTER, GINSBURG, and BREYER, JJ., joined. SOUTER, J., filed a concurring opinion, in which GINSBURG and BREYER, JJ., joined, p. 740. STEVENS, J., filed an opinion concurring in the judgment, p. 740. SCALIA, J., filed a dissenting opinion, p. 741. KENNEDY, J., filed a dissenting opinion, in which SCALIA and THOMAS, JJ., joined, p. 744.

CHIEF JUSTICE REHNQUIST delivered the opinion of the Court.

The Family and Medical Leave Act of 1993 (FMLA or Act) entitles eligible employees to take up to 12 work weeks of unpaid leave annually for any of several reasons, including the onset of a "serious health condition" in an employee's spouse, child, or parent. 107 Stat. 9, 29 U. S. C. § 2612(a)(1)(C). The Act creates a private right of action to seek both equitable...

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