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Expert Analysis

Weighing ADEA's Wording At High Court

By Jaime Tuite ( October 3, 2018, 2:04 PM EDT) -- On Oct. 1, 2018, the U.S. Supreme Court started its fall term with arguments on the definition of "employer" in the Age Discrimination in Employment Act at 29 U.S.C § 630(b). The specific question in Mount Lemmon Fire District v. Guido is whether (1) the state political subdivisions must have at least 20 employees for the ADEA to apply, which is the case for private employers (and as decided by the Seventh, Sixth, Eighth and Tenth Circuits that previously addressed this issue[1]); or (2) if state political subdivisions are subject to the ADEA regardless of size (as decided by the Ninth Circuit in the case and supported by the United States, as amicus curiae). ...

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