Mount Lemmon Fire District v. Guido, 586 U.S. ___ (2018)

Justia Opinion Summary and Annotations

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.

Annotation

Primary Holding

The Age Discrimination in Employment Act applies to states and political subdivisions without regard to size.
August 25, 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.
August 30, 2017 Application (17A226) granted by Justice Kennedy extending the time to file until October 18, 2017.
October 18, 2017 Petition for a writ of certiorari filed. (Response due November 20, 2017)
November 8, 2017 Order extending time to file response to petition to and including December 18, 2017.
December 18, 2017 Brief of respondents John Guido, et al. in opposition filed.
January 2, 2018 Reply of petitioner Mount Lemmon Fire District filed. (Distributed)
January 3, 2018 DISTRIBUTED for Conference of 1/19/2018.
February 5, 2018 DISTRIBUTED for Conference of 2/16/2018.
February 20, 2018 DISTRIBUTED for Conference of 2/23/2018.
February 26, 2018 Petition GRANTED.
March 23, 2018 Motion to dispense with printing the joint appendix filed by petitioner Mount Lemmon Fire District.
March 23, 2018 Joint motion for an extension of time to file the briefs on the merits filed.
March 26, 2018 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.
April 6, 2018 Blanket Consent filed by Respondent, John Guido, et al.
April 16, 2018 Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
May 4, 2018 Blanket Consent filed by Petitioner, Mount Lemmon Fire District.
May 7, 2018 Brief of petitioner Mount Lemmon Fire District filed.
May 14, 2018 Brief amici curiae of National Conference of State Legislatures, et al. filed.
July 5, 2018 Brief of respondents John Guido, et al. filed.
July 9, 2018 SET FOR ARGUMENT On Monday, October 1, 2018
July 12, 2018 Brief amici curiae of AARP, AARP Foundation and NELA filed.
July 12, 2018 Brief amicus curiae of United States filed.
July 12, 2018 Motion of United States for leave to participate in oral argument as amicus curiae and for divided argument filed.
August 3, 2018 CIRCULATED
August 6, 2018 Reply of Mount Lemmon Fire District submitted.
August 7, 2018 Record requested from the U.S.C.A. 9th Circuit.
August 6, 2018 Reply of petitioner Mount Lemmon Fire District filed. (Distributed)
July 12, 2018 Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
August 24, 2018 Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
August 30, 2018 Record from the U.S.C.A. 9th Circuit is electronic and located on PACER.
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