Attorneys Jeff Matura and Amanda Taylor assisted with an argument presented to the United States Supreme Court regarding whether the Age Discrimination in Employment Act ("ADEA") applies to public employers that have less than 20 employees. The argument was presented to the United States Supreme Court on the first day of its Fall 2018 session.
The case involves a lawsuit that two former employees filed against the Mount Lemmon Fire District. The trial court dismissed the lawsuit after agreeing with Mr. Matura and Ms. Taylor's arguments that the ADEA does not apply because the Fire District had less than 20 employees. The Ninth Circuit reversed the trial court's decision and concluded that the 20-employee threshhold only applies to private employers, but not to public employers such as the Fire District. The Ninth Circuit's decision was contrary to the decision of every other Circuit Court that had analyzed the same issue.
Mr. Matura and Ms. Taylor then filed a petition to the United States Supreme Court, which agreed to hear the issue and resolve the Circuit Court split that existed following the Ninth Circuit's decision. Mr. Matura and Ms. Taylor assisted with the arguments to the United States Supreme Court and requested that the Court conclude that the 20-employee threshhold within the ADEA applies to both public and private employers. The United States Supreme Court took the matter under advisement and is expected to issue a ruling within the next several months.
For more information on this issue, please contact Mr. Matura or Ms. Taylor.