635 F. App'x 470
10th Cir.2015Background
- The district court granted summary judgment to Grant County on Cink's ADEA and ADA claims, finding the Sheriff’s Office, not the County, was her employer.
- Cink, a jailer/dispatcher for the Grant County Sheriff’s Office for over 30 years, was terminated in June 2013 by newly elected Sheriff Scott Sterling.
- The district court applied Bristol’s joint/single-employer tests to determine employer status and concluded Grant County lacked control over Cink, so the County was not liable.
- Cink argued Owens v. Rush established that the Sheriff is an agent of Grant County, making the County the employer under agency principles.
- The court clarified Bristol did not overrule Owens and Owens remains applicable when agency principles govern employer status, particularly where jurisdictional numerosity could be implicated.
- The court held that Grant County qualifies as the statutory employer of Sheriff staff under ADEA and ADA, reversed the district court, and remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Grant County is the employer for ADEA/ADA purposes | Cink | Grant County | Yes; Owens agency principle applies and County is employer |
| Role of Bristol vs Owens post-decision | Owens controls | Bristol governs joint/single-employer tests | Owens remains applicable; Bristol does not supersede Owens when numerosity matters |
| Whether Sheriff is an agent of Grant County under Oklahoma law | Sheriff and staff are County employees via agency | Sheriff is separate from County Board; control resides with Sheriff | Sheriff is an agent of the County; County is employer for federal claims |
| Impact of Sheriff’s department numerosity on coverage | Department meets autorized employee threshold when aggregated with County | Numerosity issue defeats coverage if not treated as separate employer | Owens agency principle applies; department’s <15 employees does not defeat County as employer under Owens |
Key Cases Cited
- Bristol v. Bd. of Cty. Comm'rs, 312 F.3d 1213 (10th Cir. 2002) (joint/single-employer tests for multiple potential employers)
- Owens v. Rush, 636 F.2d 283 (10th Cir. 1980) (sheriff as county agent; agency-based employer liability under Title VII)
- Bryson v. Oklahoma County ex rel. Oklahoma County Detention Center, 261 P.3d 627 (Okla. Civ. App. 2011) (state court on GTCA; deputy not necessarily County employee; context differs)
- Burlington Indus., Inc. v. Ellerth, 524 U.S. 742 (U.S. 1998) (agency principles inform employer liability under federal statutes)
- Palmer v. Ark. Council on Econ. Educ., 154 F.3d 892 (8th Cir. 1998) (numerosity/coverage considerations for government employers)