The United States Supreme Court held that despite the unmistakably clear intent of Congress to abrogate the states' Eleventh Amendment immunity from private lawsuits, the Age Discrimination in Employment Act's purported abrogation is invalid as it is not an appropriate exercise of the Fourteenth Amendment enforcement power of Congress.
Kimel v. Florida Board of Regents, 120 S. Ct. 631 (2000).
Gregory T. Neugebauer,
A Federal Age Discrimination Remedy Violates State Eleventh Amendment Immunity: Kimel v. Florida Board of Regents,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol39/iss1/8