; and (II) file petitions for appeal of a decision in such action; and (ii) notify such covered individual or labor organization. (D) Remedies for state employees (i) Waiver of sovereign immunity A State’s receipt or use of Federal financial assistance for any program or activity of a State shall constitute a waiver of sovereign immunity, under the 11th Amendment to the Constitution of the United States or otherwise, to a suit brought by a covered individual of that program or activity, or a labor organization representing such a covered individual, under this paragraph for equitable, legal, or other relief authorized under this paragraph. (ii) Official capacity An official of a State may be sued in the official capacity of the official by any covered individual or such a labor organization who has complied with the procedures under this paragraph, for injunctive relief that is authorized under this paragraph. In such a suit the court may award to the prevailing party those costs authorized by section 722 of the Revised Statutes ( 42 U.S.C. 1988 ). (iii) Applicability With respect to a particular program or activity, clause (i) applies to conduct that occurs— (I) after the date of enactment of this Act