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November 12, 2018

State and subdivisions of state are subject to ADEA regardless of its number of employees in contrast to a private sector employer where the law applies only to "an industry affecting commerce" having twenty or more employees


State and subdivisions of state are subject to ADEA regardless of its number of employees in contrast to a private sector employer where the law applies only to "an industry affecting commerce" having twenty or more employees
Mount Lemmon Fire District Petitioner v John Guido, Et Al., Cite as: 586 U. S.____ (2018)

The Mount Lemmon Fire District laid off its two oldest full-time firefighters, John Guido (then 46) and Dennis Rankin (then 54). Guido and Rankin sued the Fire District, alleging that their termination violated the Age Discrimination in Employment Act of 1967 (ADEA), 81 Stat. 602, as amended, 29 U. S. C. §621 et seq.

The Fire District sought dismissal of the suit on the ground that the District was too small to qualify as an “employer” within the ADEA’s as the controlling definition in 29 U. S. C. §630(b), provides that the term "employer" means a person engaged in an industry affecting commerce who has twenty or more employees and the Fire District had fewer that 20 employee.  

The Supreme Court ruled that  in accord with the United States Court of Appeals for the Ninth Circuit, that §630(b)’s two-sentence delineation, and the expression “also means” at the start of the second sentence, combine to establish separate categories: persons engaged in an industry affecting commerce with 20 or more employees but with respect to a states or a political subdivision of a state, there is not "numerosity limitation" it matters not whether the Fire District had five employees or five hundered employees insofar as the reach of ADEA was concerned.

The Supreme Court agreed and ruled in favor of Guido and Rankin.

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NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
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