Law Blog

New Ruling Expands the Age Discrimination in Employment Act to Cover Small Government Employers

Age Discrimination

On November 6, 2018, the U.S. Supreme Court issued a unanimous decision in Mount Lemmon Fire District v. Guido, holding that the Age Discrimination in Employment Act of 1967 (“ADEA”) applies to state and federal government employers regardless of their size. In Mount Lemmon, a small Arizona municipal fire department terminated its two oldest employees, arguing that it was exempt from the requirements of the ADEA because it had fewer than 20 employees. The Supreme Court disagreed and found that all government employers, regardless of size, are subject to the ADEA. The Supreme Court’s opinion focused its analysis on the phrase “also means” as it was used in the statute, finding that the phrase was additive as opposed to clarifying and meant that under the statute “employer” “also means … a State or political subdivision of a State.” As a result of the decision, employees working for state or federal government agencies with less than 20 employees now have protection against discrimination on the basis of age and it is important for such employees to be aware of their new rights and protections.

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640 Hits

Borrelli & Associates negotiates $135K settlement for Age Discrimination and Unpaid Wages

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New York employment law firm, Borrelli and Associates, P.L.L.C represented a client against her employer, an international interior design association, for claims of age discrimination in violation of the Age Discrimination in Employment Act, the New York State Human Rights Law, the New York City Human Rights Law, as well as for claims of unpaid wages in violation of the Fair Labor Standards Act, the New York Labor Law, and the New York Codes, Rules, and Regulations. The client alleged that the company took several adverse actions against our client due to her age in an effort to force her from her employment. Further, the company misclassified her as exempt from federal and state overtime laws and thus cheated her out of her overtime wages. The Firm negotiated a pre-litigation settlement of $135,000.00. Michael J. Borrelli, Alexander T. Coleman, and Jeffrey Maguire handled the matter on behalf of the Firm.

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573 Hits

Are You a Victim of Workplace Age Discrimination?

Employees are protected from workplace discrimination based on a variety of factors, including their age. As long as someone is able to perform his or her job duties, laws protect against negative treatment based on age. Age-related discrimination is illegal under the Age Discrimination in Employment Act (“ADEA”).

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1125 Hits

How Can I Prove Age Was the Reason I Wasn’t Hired?

Employment decisions based on a person’s age are illegal. What can you do if you suspect you were turned down for a job because of your age?

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2570 Hits

How Can I Be Sure I Have a Valid Age Discrimination Case?

As you get older, you tend to feel more confident about things. You might have a comfortable savings and some equity in you home. Though you might be strapped with college costs or helping adult children in other ways, in general, things are far more secure than they were in early adulthood.

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2529 Hits

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