The U.S. Court of Appeals for the Third Circuit has ruled that Montclair State University is an arm of the state of New Jersey, and is therefore immune under the 11th Amendment from liability for an employee’s discrimination suit.
The decision reverses a ruling holding the university subject to Paula Maliandi’s suit in federal court for claims under the Family and Medical Leave Act and under state law after she took leave for treatment of breast cancer and was offered only an inferior position upon her return.
