Case No. 17-587 | 9th Cir.
Preview by Kayvon Ghayoumi
The Age Discrimination in Employment Act of 1967 (“ADEA”) prevents employers from discriminating against current or potential employees based on old age. Under the ADEA, “[t]he term ‘employer’ means a person engaged in an industry affecting commerce who has twenty or more employees.” 29 U.S.C § 630(b) (2018). The ADEA defines “person” as “one or more individuals, partnerships, associations, labor organizations, corporations, business trusts, legal representatives, or any organized groups of persons.” Id. § 630(a). The ADEA further provides that “[employer] also means (1) any agent of such a person, and (2) a State or political subdivision of a State.” Id. § 630(b).
The respondents, Guido and Rankin, were the two oldest people employed full-time by the petitioner, Mount Lemmon Fire District. The Fire District terminated them at the ages of 46 and 54. Guido and Rankin filed age discrimination charges with the Equal Employment Opportunity Commission, which found reasonable cause. After Guido and Rankin filed suit, the district court granted summary judgement for the Fire District. Guido and Rankin appealed. The Ninth Circuit reversed and remanded.
At issue here is whether the 20-employee minimum applies to State political subdivisions or whether all State political subdivisions are employers under the ADEA. The petitioners argue that the language “[employer] also means . . . a State or political subdivision of a State” clarifies the definition of “person,” indicating that it includes States and its political subdivisions, but does not remove the 20-employee requirement. Brief for Petitioner at 2–3, Mount Lemmon Fire Dist. v. Guido, No. 17-587 (U.S. filed May 7, 2018). Respondents argue that “‘also means’ creates a distinct, freestanding category of employers” because the “explicit and unqualified nature of this provision dictates that the state’s nondiscrimination mandate applies to political subdivisions regardless of size.” Brief for Respondents at 7, Mount Lemmon Fire Dist. v. Guido, No. 17-587 (U.S. filed July 5, 2018).