University of Texas at El Paso v. Herrera

This case under the Family and Medical Leave Act (FMLA) raises two important immunity issues: (1) did Congress validly abrogate Texas’ sovereign immunity under the FMLA’s self-care provision; and if not (2) did the University of Texas at El Paso (UTEP) waive the State’s immunity through a single sentence in its Handbook of Operating Procedures? We hold that UTEP’s immunity was neither validly abrogated nor voluntarily waived, and the court of appeals erred in affirming the trial court’s denial of UTEP’s plea to the jurisdiction.

I. Background

Alfredo Herrera worked for UTEP as a heating,…