Mount Lemmon Fire District v. Guido, 586 U.S. ___ (2018)
Plaintiffs alleged that the Mount Lemmon Arizona Fire District terminated their employment as firefighters in violation of the Age Discrimination in Employment Act (ADEA). The District responded that it was too small to qualify as an “employer” under the ADEA, which provides that “‘employer’ means a person engaged in an industry affecting commerce who has twenty or more employees . . . . The term also means (1) any agent of such a person, and (2) a State or political subdivision of a State” 29 U.S.C. 630(b). The Supreme Court ruled in favor of the plaintiffs. Section 630’s two-sentence delineation and the expression “also means” establish separate categories: persons engaged in an industry affecting commerce with 20 or more employees and states or political subdivisions with no attendant numerosity limitation. Reading section 630(b) to apply to states and political subdivisions regardless of size gives the ADEA broader reach than Title VII, but this disparity is a consequence of the different language Congress chose to employ. The Court noted that the Equal Employment Opportunity Commission has, for 30 years, interpreted the ADEA to cover political subdivisions regardless of size, and a majority of the states impose age discrimination proscriptions on political subdivisions with no numerical threshold.
The Age Discrimination in Employment Act applies to states and political subdivisions without regard to size.
SUPREME COURT OF THE UNITED STATES
Syllabus
Mount Lemmon Fire District v. Guido et al.
certiorari to the united states court of appeals for the ninth circuit
No. 17–587. Argued October 1, 2018—Decided November 6, 2018
John Guido and Dennis Rankin filed suit, alleging that the Mount Lemmon Fire District, a political subdivision in Arizona, terminated their employment as firefighters in violation of the Age Discrimination in Employment Act of 1967 (ADEA). The Fire District responded that it was too small to qualify as an “employer” under the ADEA, which provides: “The term ‘employer’ means a person engaged in an industry affecting commerce who has twenty or more employees . . . . The term also means (1) any agent of such a person, and (2) a State or political subdivision of a State . . . .” 29 U. S. C. §630(b).
Initially, both Title VII of the Civil Rights Act of 1964 and the ADEA applied solely to private sector employers. In 1974, Congress amended the ADEA to cover state and local governments. A previous, 1972, amendment to Title VII added States and their subdivisions to the definition of “person[s],” specifying that those entities are engaged in an industry affecting commerce. The Title VII amendment thus subjected States and their subdivisions to liability only if they employ a threshold number of workers, currently 15. By contrast, the 1974 ADEA amendment added state and local governments directly to the definition of “employer.” The same 1974 enactment also amended the Fair Labor Standards Act (FLSA), on which many aspects of the ADEA are based, to reach all government employers regardless of their size. 29 U. S. C. §203(d), (x).
Held: The definitional provision’s two-sentence delineation, set out in §630(b), and the expression “also means” at the start of §630(b)’s second sentence, combine to establish separate categories: persons engaged in an industry affecting commerce with 20 or more employees; and States or political subdivisions with no attendant numerosity limitation.
The words “also means” in §630(b) add new categories of employers to the ADEA’s reach. First and foremost, the ordinary meaning of “also means” is additive rather than clarifying. See 859 F. 3d 1168, 1171 (case below) (quoting Webster’s New Collegiate Dictionary 34). The words “also means” occur dozens of times throughout the U. S. Code, typically carrying an additive meaning. E.g., 12 U. S. C. §1715z–1(i)(4). Furthermore, the second sentence of the ADEA’s definitional provision, §630(b), pairs States and their political subdivisions with agents, a discrete category that carries no numerical limitation.
Reading the ADEA’s definitional provision, §630(b), as written to apply to States and political subdivisions regardless of size may give the ADEA a broader reach than Title VII, but this disparity is a consequence of the different language Congress chose to employ. The better comparator for the ADEA is the FLSA, which also ranks States and political subdivisions as employers regardless of the number of employees they have. The Equal Employment Opportunity Commission has, for 30 years, interpreted the ADEA to cover political subdivisions regardless of size, and a majority of the States impose age discrimination proscriptions on political subdivisions with no numerical threshold. Pp. 4–6.
859 F. 3d 1168, affirmed.
Ginsburg, J., delivered the opinion of the Court, in which all other Members joined, except Kavanaugh, J., who took no part in the consideration or decision of the case.
Record from the U.S.C.A. 9th Circuit is electronic and located on PACER. |
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
Record requested from the U.S.C.A. 9th Circuit. |
Reply of Mount Lemmon Fire District submitted. |
Reply of petitioner Mount Lemmon Fire District filed. (Distributed) |
CIRCULATED |
Brief amici curiae of AARP, AARP Foundation and NELA filed. |
Brief amicus curiae of United States filed. |
Motion of United States for leave to participate in oral argument as amicus curiae and for divided argument filed. |
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
SET FOR ARGUMENT On Monday, October 1, 2018 |
Brief of respondents John Guido, et al. filed. |
Brief amici curiae of National Conference of State Legislatures, et al. filed. |
Brief of petitioner Mount Lemmon Fire District filed. |
Blanket Consent filed by Petitioner, Mount Lemmon Fire District. |
Motion to dispense with printing the joint appendix filed by petitioner GRANTED. |
Blanket Consent filed by Respondent, John Guido, et al. |
Joint motion to extend the time to file the briefs on the merits is granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including May 7, 2018. The time to file respondents' brief on the merits is extended to and including July 5, 2018. |
Motion to dispense with printing the joint appendix filed by petitioner Mount Lemmon Fire District. |
Joint motion for an extension of time to file the briefs on the merits filed. |
Petition GRANTED. |
DISTRIBUTED for Conference of 2/23/2018. |
DISTRIBUTED for Conference of 2/16/2018. |
DISTRIBUTED for Conference of 1/19/2018. |
Reply of petitioner Mount Lemmon Fire District filed. (Distributed) |
Brief of respondents John Guido, et al. in opposition filed. |
Order extending time to file response to petition to and including December 18, 2017. |
Petition for a writ of certiorari filed. (Response due November 20, 2017) |
Application (17A226) granted by Justice Kennedy extending the time to file until October 18, 2017. |
Application (17A226) to extend the time to file a petition for a writ of certiorari from September 17, 2017 to October 18, 2017, submitted to Justice Kennedy. |
Prior History
- Guido v. Mount Lemmon Fire District, No. 15-15030 (9th Cir. Jun. 19, 2017)
- Guido et al v. Mount Lemmon Fire District, No. 4:2013cv00216 (D. Ariz. Dec. 12, 2014)
Plaintiffs filed suit against the Fire District, a subdivision of Arizona, alleging that it violated the Age Discrimination in Employment Act (ADEA), 29 U.S.C. 621-34. The district court granted the Fire District's motion for summary judgment, concluding that it was not an "employer" within the meaning of the ADEA. The Ninth Circuit held that the meaning of section 630(b) was not ambiguous and thus the district court erred in concluding that the twenty-employee minimum applied to political subdivisions. Even if the panel agreed with the First District and concluded that the statute was ambiguous, the outcome would not change. Accordingly, the panel reversed the district court's judgment and remanded for further proceedings.