SCOTUS to Decide if ADEA Applies to Small Government Employers

The United States Supreme Court recently heard arguments on a question regarding whether the Age Discrimination in Employment Act (“ADEA”) applies to government employers with fewer than 20 employees.  The case is an appeal of the U.S. Ninth Circuit Court of Appeals’ decision ruling the ADEA applies to all public employers regardless of the number of employees.

The ADEA prohibits employers from discriminating against applicants and employees age 40 and older.  In 1974, Congress expanded the ADEA to cover federal, state and local governments, as well as employers with at least 20 workers.  This language has consistently been held to bar coverage for private employers with fewer than 20 employees; however, the Supreme Court has never definitively decided whether it applies to public employers with fewer than 20 employees.

In Guido, the Mount Lemmon Fire District, a public employer with fewer than 20 employees, laid off two paramedic captains, age 46 and 54.  The Fire District stated these employees, who were the District’s two oldest employees, were laid off because they did not participate in voluntary shifts during a recent wildfire.  The employees filed suit for discrimination under the ADEA, but the district court dismissed the case, holding the ADEA only applies to public employers with 20 or more employees. Thus, the district court stated, the fire district did not meet the definition of “employer” under the ADEA.

However, the Ninth Circuit reversed the decision, ruling the language of the ADEA has no minimum limit with regards to public employees.  Key to the Ninth Circuit’s ruling was the use of two sentences to define the word “employer” in the ADEA statute. The first sentence applies to private employers and contains the twenty-employee minimum requirement at issue in this case. The second sentence, which applies to public employers, does not contain the twenty-employee minimum. Applying the latter sentence, the Ninth Circuit held that the ADEA’s protections extends to all public employees, regardless of the size of the public employer. This ruling has created a “circuit split,” as the decision represents a departure from other circuits which have consistently held that the twenty-employee minimum is applicable to both private and public employers.

Circuit splits are one of the facts the Supreme Court considers when deciding whether or not to review a decision from a lower court. A decision from the U.S. Supreme Court on this case could affect the way smaller public employers defend against age discrimination complaints.

The case is Guido v. Mount Lemmon Fire Dist., 859 F.3d 1168 (9th Cir. 2017).

Attorneys at Fishel Downey Albrecht & Riepenhoff advise and defend all sizes of employers, including small public employers, regarding discrimination, retaliation and harassment claims.  For questions about this case or any other matters, please contact Melanie Williamson (mwilliamson@fisheldowney.com) or Daniel Sabol (dsabol@fisheldowney.com) by email or phone (614) 221-1216.