846 F. Supp. 2d 1223
N.D. Ala.2012Background
- Plaintiff Elaine Harris, an African-American female over 40, was employed as a licensed practical nurse at UAB Hospital/Center for Psychiatric Medicine.
- Plaintiff filed an EEOC charge on February 5, 2010 alleging racial, sex, age, retaliation, and equal pay discrimination; EEOC issued a Dismissal and Rights letter on April 7, 2011.
- Plaintiff filed this federal action on July 5, 2011, asserting eight counts across federal and state theories against three defendants (Board of Trustees, UAB Health System, UAB Hospital/Center for Psychiatric Medicine).
- Board of Trustees moved to dismiss or for summary judgment under Rule 12(b)(1) and 12(b)(6), arguing sovereign/Eleventh Amendment immunity, Alabama immunity, exhaustion, and employer status issues.
- Court held Eleventh Amendment immunity generally bars Board from monetary relief on federal claims (except Title VII) and Alabama immunity bars state-law claims; exhaustion issues bar Title VII and ADEA claims against Board; UAB Health System is Plaintiff’s employer for Title VII and ADEA; Board not employer and not properly named in EEOC charge.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Eleventh Amendment immunity bars federal claims against the Board. | Board is not immune and is an employer for some claims. | Board, as a state agency, is immune from monetary relief on federal claims except Title VII. | Eleventh Amendment immunity applies; Board barred from most federal claims except Title VII. |
| Whether Plaintiff exhausted administrative remedies against the Board for Title VII and ADEA claims. | Exhaustion via EEOC charge included Board as employer. | Board was not named or served in the EEOC charge; no exhaustion as to Board. | Plaintiff failed to exhaust as to Board; Title VII and ADEA claims against Board dismissed. |
| Whether the Board is Plaintiff's employer for Title VII and ADEA purposes. | Joint and several employment with UAB Health System; Board should be an employer. | UAB Health System is Plaintiff’s employer; Board not an employer and not properly named in EEOC proceedings. | Board is not Plaintiff's employer for Title VII/ADEA purposes; dismissal of those claims against Board affirmed. |
| Whether §1981/§1983 claims against the Board are viable. | Claims against Board under §1983 via §1981; Board should be liable as state actor. | State entities like boards are not 'persons' under §1983; no §1983 liability. | Board not a 'person' under §1983; §1981 retaliation claim against Board dismissed; §1983 claims dismissed. |
| Whether state-law claims against the Board are barred by Alabama immunity. | State immunity does not bar all claims; some relief may be sought. | Alabama constitutional immunity bars state-law claims against the Board. | Alabama immunity bars Plaintiff's state-law claims against Board. |
Key Cases Cited
- Will v. Michigan Dept. of State Police, 491 U.S. 58 (1989) (state sovereign immunity; not a 'person' under §1983)
- Ogburia v. Ala. A&M Univ., No. 5:06-CV2275-VEH, (N.D. Ala. 2007) (state university immune from §1983 money damages)
- Harden v. Adams, 760 F.2d 1158 (11th Cir. 1985) (state universities immune from §1983 actions)
- Ex parte Young, 209 U.S. 123 (1908) (prospective relief exception to Eleventh Amendment immunity)
- Zipes v. Trans World Airlines, 455 U.S. 385 (1982) (EEOC charge timing not jurisdictional; waivable condition precedent)