Blauer v. Department of Workforce Services
331 P.3d 1
Utah Ct. App.2014Background
- Blauer, an attorney, sought ADA accommodations for sleep apnea, sciatica, and coronary artery disease starting in 2008.
- Doctors recommended accommodations avoiding sedentary settings and a less stressful environment with a full 40-hour workload for experienced counsel.
- DWS's ADA coordinator declined a formal ADA accommodation and referred recommendations to Blauer's supervisor, who altered Blauer's assignments.
- The supervisor reassigned Blauer to conduct unemployment hearings full-time, a change the executive director upheld as workable since most hearings are by telephone.
- Blauer went on FMLA leave, returned only if accommodations were made, exhausted FMLA, and was terminated; he then filed an EEOC charge and pursued ADA and UADA claims in state court, which the trial court dismissed for sovereign immunity and lack of private UADA remedy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether DWS is immune from ADA claims in state court. | Blauer argues Utah waived immunity via ADA funding and UADA. | Blauer contends immunity should not apply to ADA claims in state court. | DWS immune; Utah did not validly waive immunity. |
| Whether Utah’s acceptance of federal funds for ADA programs waives immunity. | Utah’s funding acceptance constitutes waiver of immunity under ADA. | Funding acceptance does not unconditionally waive immunity in ADA claims. | No waiver of immunity based on funding. |
| Whether Utah’s UADA constitutes a waiver of sovereign immunity for ADA claims. | Enacting UADA shows consent to remedy discrimination in employment. | UADA does not unambiguously waive immunity to ADA claims in federal court. | UADA does not waive sovereign immunity. |
| Whether equitable relief, such as reinstatement, is available under ADA given Blauer’s termination and standing. | Equitable relief should be available notwithstanding final termination. | Equitable relief not available; termination final; no standing to pursue UADA remedy. | Reinstatement not available; sovereign immunity bars monetary claims and no standing for UADA relief. |
Key Cases Cited
- Board of Trustees of the Univ. of Ala. v. Garrett, 531 U.S. 356 (U.S. 2001) (abrogation of states' Eleventh Amendment immunity under ADA limited)
- Alden v. Maine, 527 U.S. 706 (U.S. 1999) (state sovereign immunity beyond Eleventh Amendment in federal questions)
- Atascadero State Hosp. v. Scanlon, 473 U.S. 234 (U.S. 1985) (clear expression of congressional intent required to waive immunity under spending clause)
- Pennhurst State Sch. & Hosp. v. Halderman, 465 U.S. 89 (U.S. 1984) (unequivocal expression needed for consent to waive immunity)
- Pace v. Bogalusa City Sch. Bd., 403 F.3d 272 (5th Cir. 2005) (ADA claims and funding-related waiver analysis in circuit context)
- Covington v. McNeese State Univ., 996 So.2d 667 (La. Ct. App. 2008) (state immunity/ADA-related waiver considerations in state courts)