Bar Bulletin

Bar Bulletin

Mt. Lemmon Expands Scope of ADEA For Public Entity Employers

January 2019 Bar Bulletin

By Helen M. McFarland & Raz Barnea

No Effect on WLAD

In Mt. Lemmon Fire District v. Guido, the U.S. Supreme Court resolved a decades-old circuit split regarding the reach of the Age Discrimination in Employment Act (“ADEA”), when it comes to the employee numerical threshold.

Faced with a tight budget, the Fire District of Mount Lemmon, Arizona, a political subdivision in Arizona, discharged its two oldest firefighters — John Guido and Dennis Rankin. After the EEOC issued a reasonable cause determination, Guido and Rankin filed suit in U.S. District Court alleging a violation of the ADEA.

The Fire District prevailed on a...

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