In spite of all the controversy swirling around Judge Brett Kavanaugh’s nomination to take Justice Kennedy’s seat, it’s business as usual at the U.S. Supreme Court as the justices kicked off a new term on Oct. 1.
Does the ADEA’s 20-employee threshold apply to public employers?
The justices heard argument their first day back in Mount Lemmon Fire District v. Guido, U.S., No. 17-587. The court will determine whether the Age Discrimination in Employment Act’s (“ADEA”) 20-employee threshold applies to public employers in the same way it does private employers. In that case, laid-off firefighters brought an ADEA claim against the district, which argued it was not subject to ADEA coverage because it had fewer than 20 employees. The 9th U.S. Circuit Court of Appeals held otherwise, finding the ADEA protects all public employees regardless of employer size.
By: Denise K. Drake