MONTCLAIR -- One of New Jersey's largest public colleges can't be sued for discrimination in federal court because its an arm of the state, the U.S. Court of Appeals for the Third Circuit ruled Tuesday.

The ruling shields Montclair State University from a federal lawsuit filed by a former spokesperson who says she was fired after taking time off to be treated for breast cancer.

Paula Maliandi, who began working at the university in 2007, took time off in 2013 under the federal Family Medical Leave Act, according to the lawsuit. When she returned, she was offered an inferior job to her old position, a violation of the FMLA terms, she argued in the lawsuit.

Maliandi refused to accept the new position and was fired, the suit alleges.

The university countered that it is exempt from the lawsuit because it's an arm of the state and the 11th amendment protects states from being sued in federal court.

A lower court rejected the university's stance, but the Third Circuit ruled in Montclair State's favor.

A panel of three judges applied a balancing test and weighed the fact that Montclair State is not primarily funded by state dollars against other factors, such as the university not being entirely autonomous, according to the ruling.

In the end the panel determined that, "while a close case, (Montclair State) is an arm of the state."

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