Title 42 — The Public Health and WelfareRelease 119-73
§2000gg–4 Waiver of State immunity
Title 42 › Chapter CHAPTER 21G— - PREGNANT WORKER FAIRNESS › § 2000gg–4
Summary
States cannot use the 11th Amendment to avoid being sued in federal or state court for breaking this law. If a State is sued, it can face the same kinds of remedies—like money damages or court orders—that are available against any other government or private party.
Full Legal Text
Title 42, §2000gg–4
The Public Health and Welfare — Source: USLM XML via OLRC
A State shall not be immune under the 11th Amendment to the Constitution from an action in a Federal or State court of competent jurisdiction for a violation of this chapter. In any action against a State for a violation of this chapter, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in an action against any public or private entity other than a State.
Legislative History
Notes & Related Subsidiaries
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 180 days after Dec. 29, 2022, see section 109 of div. II of Pub. L. 117–328, set out as a note under section 2000gg of this title.
Reference
Citations & Metadata
Citation
42 U.S.C. § 2000gg–4
Title 42 — The Public Health and Welfare
Last Updated
Apr 6, 2026
Release point: 119-73