SCOTUS Rules ADEA Applies to All Public Employers

On November 6, 2018, the United States Supreme Court unanimously ruled that the Age Discrimination in Employment Act (“ADEA”) applies to all government employers, regardless of how many employees they employ. Mount Lemmon Fire Dist. v. Guido, 139 S. Ct. 22 (2018).

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 had never definitively decided whether it applied to public employers with fewer than 20 employees.

In Guido, the Mount Lemmon Fire District appealed a decision by the U.S. Ninth Circuit Court of Appeals, arguing that the ADEA did not apply to public employers with under 20 employees. The Fire District laid off two paramedic captains, age 46 and 54, who then filed suit for violation of the ADEA.

The Supreme Court focused on the use of the word “also” in the ADEA’s definition of “employer” in the statute. The first sentence states “employer” applies to private employers and contains the twenty-employee minimum requirement. The next sentence begins, “[t]he term also means,” before stating the ADEA applies to public employers and does not contain the twenty-employee minimum. As the Court reasoned, “also” was meant to be inclusive; thus, the twenty-employee minimum requirement does not apply to public employers.

The Court also rejected the Fire District’s argument that applying the ADEA to small, public employers would damage these employers, noting that the EEOC has already interpreted the ADEA similarly for 30 years.

Attorneys at Fishel Downey Albrecht & Riepenhoff LLP 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.