In a setback to the rights of state employee's, the U.S. Supreme Court recently ruled that state employees cannot sue their state employers in federal court under the Age Discrimination in Employment Act. Most legal scholars agree that the decision will likely be applied to other federal claims such as the Equal Pay Act and the Family Medical and Leave Act.

This is a blow to most older state employees who have or will be discriminated against by a state employer because their only alternative is whatever anti-age discrimination law their state has on the books, and most states do not provide as generous of remedies as the federal anti-discrimination statute.

In addition it appears that the same fate awaits disabled state employees as the Supreme Court recently agreed to consider whether state disabled employees are also forbidden from suing their state employers in federal court under the American With Disabilities Act. Many experts are predicting that state employees will fare no better here than they did in the age discrimination case.

WHAT THIS MEANS TO YOU if you are a state employee contemplating bringing an age or disability case against your state employer is stay out of federal court! In other words, find out what your state´s anti-discrimination law in the area is and follow it. This is absolutely true for older employees after the Supreme Court´s recent decision. However, to be safe, disabled state employees should also error on the side of caution. That is, you should assume the high court would likely bar your future claims brought in federal court under the ADA as well.