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ALASKA v. EEOC

No. 07-70174.

564 F.3d 1062 (2009)

State of ALASKA, Office of the Governor, Petitioner, v. EEOC; United States of America, Respondents, Margaret G. Ward, Intervenor.

United States Court of Appeals, Ninth Circuit.

Filed May 1, 2009.

Attorney(s) appearing for the Case

Brenda B. Page, Deputy State Attorney General for the State of Alaska, Anchorage, AK, for the petitioner.

Nelson Cohen, United States Attorney, Anchorage, AK, Ronald Cooper, General Counsel, and Paul D. Ramshaw, Equal Employment Opportunity Commission, Washington, DC, Marleigh D. Dover and Stephanie R. Marcus, Department of Justice, Washington, DC, for the respondent, The Equal Employment Opportunity Commission.

Marleigh D. Dover and Stephanie R. Marcus, Department of Justice, Washington, DC, for the respondent, The United States.

Lee Holen, Anchorage, AK, and Samuel R. Bagenstos, St. Louis, MO, for the intervenor.

Opinion by Chief Judge Kozinski; Partial Concurrence and Partial Dissent by Judge O'Scannlain; Dissent by Judge Ikuta.

KOZINSKI, Chief Judge:

We must decide whether states have Eleventh Amendment immunity from claims under the Government Employee Rights Act of 1991 (GERA).

Facts

Lydia Jones and Margaret Ward worked in the office of then-Governor Walter Hickel of Alaska. Both were fired under disputed circumstances and filed complaints with the Equal Employment Opportunity Commission. Jones alleged that she was paid less because she is a black woman, sexually harassed...

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