Mount Lemmon Fire Dist. v. Guido
586 U.S. 1
SCOTUS2018Background
- Mount Lemmon Fire District (an Arizona political subdivision) laid off two oldest full-time firefighters, Guido (46) and Rankin (54), alleging budget shortfalls.
- Guido and Rankin sued under the Age Discrimination in Employment Act (ADEA), claiming unlawful termination because of age.
- The Fire District moved to dismiss, arguing it is not an “employer” under the ADEA because it has fewer than 20 employees.
- ADEA’s definitional provision, 29 U.S.C. §630(b), states: the term “employer” means a person engaged in commerce with 20+ employees. The provision then states: “The term also means (1) any agent of such a person, and (2) a State or political subdivision of a State.”
- The legal question: does the 20-employee numerosity requirement in the first sentence of §630(b) apply to States and political subdivisions named in the second sentence?
- The Ninth Circuit held that States and political subdivisions are covered regardless of size; the Supreme Court granted certiorari to resolve a circuit split.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the ADEA’s 20-employee threshold applies to States and political subdivisions named in §630(b) | Guido: The ADEA’s second sentence adds States and subdivisions as separate employer categories without a numerosity limit; thus small governments are covered | Mount Lemmon: The 20-employee requirement in the first sentence also applies to States and subdivisions; small governments are not covered | The Court held the 20-employee threshold does not apply to States and political subdivisions; they are employers under the ADEA regardless of size |
Key Cases Cited
- EEOC v. Wyoming, 460 U.S. 226 (1983) (describing 1974 ADEA amendment as extending coverage to Federal and State governments)
- Gross v. FBL Financial Servs., Inc., 557 U.S. 167 (2009) (differences in statutory language between ADEA and Title VII are significant)
- Kelly v. Wauconda Park Dist., 801 F.2d 269 (7th Cir. 1986) (held state and local governments covered by the ADEA only if they meet numerosity requirement)
- Guido v. Mount Lemmon Fire Dist., 859 F.3d 1168 (9th Cir. 2017) (Ninth Circuit decision below holding political subdivisions covered regardless of size)