---
kind: "section"
citation: "42 U.S.C. § 12202"
title: "42"
title_heading: "The Public Health and Welfare"
number: "12202"
heading: "State immunity"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/12202"
units:
  - "Chapter 126 — Equal Opportunity for Individuals with Disabilities"
  - "Subchapter IV — Miscellaneous Provisions"
---

# §12202. State immunity


A [State](/usc/42/12103.md?p=2) shall not be immune under the eleventh amendment to the Constitution of the United States from an action in[^1] Federal or [State](/usc/42/12103.md?p=2) court of competent jurisdiction for a [violation](/usc/42/2000e–16a.md?p=c) of this chapter. In any action against a [State](/usc/42/12103.md?p=2) for a [violation](/usc/42/2000e–16a.md?p=c) of the requirements of this chapter, remedies (including remedies both at law and in equity) are available for such a [violation](/usc/42/2000e–16a.md?p=c) to the same extent as such remedies are available for such a [violation](/usc/42/2000e–16a.md?p=c) in an action against any public or private entity other than a [State](/usc/42/12103.md?p=2).


## Footnotes

[^1]: So in original. Probably should be “in a”.

## Source credit

(Pub. L. 101–336, title V, § 502, July 26, 1990, 104 Stat. 370.)

## Notes

### Editorial Notes

### References in Text

This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of this title and Tables.