State governments should be held accountable for discriminatory actions, especially in light of the numerous barriers to employment that already confront this population. We do not believe that Congress intended to exempt states from monetary claims in these cases. The high court stated that there was insufficient evidence of a 'pattern of unconstitutional discrimination' by the States, to make the case that Congress intended to give equal protection under the Constitution to people with disabilities. In a strongly worded dissent, Justice Stephen Breyer noted that Congress had highlighted hundreds of examples of discrimination by state governments, and that the Court had unfairly taken away Congress' power to redress discrimination against people with disabilities. Suits can still be filed against the state to stop employment discrimination, which is called injunctive relief.
Many state laws exist in many states that continue to allow for suits against state employers.