VOLUME 17 | November 2018
|The ADEA’s Expanded Reach In the Public Sector May Contain a Grim Forecast For The Private Sector – Is Individual Liability On The Horizon?|
By: Adam Konstas, Esquire
On November 6, 2018, the United States Supreme Court issued its first ruling of the new term — a unanimous 8-0 decision (Justice Kavanaugh did not join the decision because he did not take part in oral argument) which not only expands the reach of the Age Discrimination in Employment Act (the “ADEA”) to public sector employers regardless of the number of people the public entity employs, but also raises the specter of potential individual liability of agents of any employer under the ADEA.
· In Mount Lemmon Fire District v. Guido, the Supreme Court held that the Age Discrimination in Employment Act applies to all states and political subdivisions regardless of the number of people the public entity employs. As a result, even small public employers must now comply with the ADEA.
· The Supreme Court’s broad interpretation of the term “employer” under the ADEA may provide justification for future courts to find individual liability under the ADEA, which would have serious consequences for all employers.
· To find out more about the Supreme Court’s decision in Mount Lemmon Fire District v. Guido and what it means for public and private sector employers, click the link below.
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