Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Look Out for Lemmon: Supreme Court Slated to Rule on Age Bias Case

By Ashley L. Marshall on October 12, 2018
Email this postTweet this postLike this postShare this post on LinkedIn
buildingssupremecourt2

Does the Age Discrimination in Employment Act (the “ADEA”) apply to all public employers regardless of how many employees they have, or does it only apply to public employers with at least 20 employees? This is the question that was argued at the Supreme Court on October 1, 2018 in Mount Lemmon Fire District v. Guido. Small public employers now await a ruling that could have major implications on their potential liability under the ADEA in the future.

The facts of the case are straightforward. Mount Lemmon Fire District is a tiny fire district in Arizona that only had eleven employees. As a result of budget cuts, Mount Lemmon decided to eliminate two positions held by John Guido and Dennis Rankin–the two oldest employees in the fire district.

So, what did they do? They filed an age discrimination complaint in the United States District Court for the District of Arizona.  The District Court ruled in favor of Mount Lemmon and was convinced by its argument that it was not an “employer” under the ADEA because it had less than twenty employees. The Ninth Circuit reversed, and Guido and Rankin prevailed on their opposing argument. They claimed that the ADEA’s twenty-employee minimum does not apply to political subdivisions such as Mount Lemmon, and that Mount Lemmon is an “employer” covered by the ADEA.

Why the confusion? The definition of “employer” in the statute is unclear, according to Mount Lemmon. The parties disagree about whether the twenty-employee minimum, as the statute is plainly written, applies to the “state or political subdivisions of the state” or whether it is limited to private employers. The dispute now lies in the hands of the Supreme Court to decide. If Guido and Rankin prevail, the decision would greatly impact small public employers across the country because the ADEA would apply to them regardless of their size. In light of this, small public employers should prepare themselves for the possibility of ADEA coverage and review their policies and practices for ADEA compliance.

Photo of Ashley L. Marshall Ashley L. Marshall

Ashley is an associate practicing in the areas of labor and employment and school law. Prior to joining the firm, Ashley was a summer associate with Shipman & Goodwin. While in law school, she served as an intern with the Poverty Law Clinic…

Ashley is an associate practicing in the areas of labor and employment and school law. Prior to joining the firm, Ashley was a summer associate with Shipman & Goodwin. While in law school, she served as an intern with the Poverty Law Clinic through Connecticut Legal Services and was an Associate Editor for the Connecticut Law Review.

Read more about Ashley L. MarshallEmail
Show more Show less
  • Posted in:
    Employment & Labor
  • Blog:
    Employment Law Letter
  • Organization:
    Shipman & Goodwin LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo