Joanne Bylsma, Plaintiff-appellant,united States of America, Plaintiff-intervenor-appellant, v. Dewayne Freeman, in His Official Capacity As Director of the Alabama Department of Economic and Community Affairs, et al., Defendants,steve Walkley, Individually and in His Official Capacity As Division Director of the Workforce Development Division of the Alabama Department of Economic and Community Affairs, Norman B. Davis, Jr., Defendants-appellees, 346 F.3d 1324 (11th Cir. 2003)

Joanne Bylsma, an employee of the Alabama Department of Economic and Community Affairs, appeals the district court's judgment in favor of her employer on her claims under the First Amendment, the Family and Medical Leave Act, 29 U.S.C. § 2601-2654 (FMLA), and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e. In light of the Supreme Court's ruling in Nevada Dep't of Human Resources v. Hibbs, 538 U.S. 721, 123 S. Ct. 1972, 155 L. Ed. 2d 953 (May 27, 2003), we reverse the district court's holding that Congress did not validly abrogate Eleventh Amendment immunity for claims under the FMLA. We find no reversible error as to the other issues raised by Bylsma on appeal, however, and therefore affirm the district court's judgment on Bylsma's claims.

AFFIRMED in part and REVERSED in part.