NELA Amicus Briefs

AARP NELA Amicus Brief - Mt. Lemmon Fire District v. Guido & Rankin 

07-30-2018 08:10 PM

On July 12, 2018, NELA was pleased to join our colleagues at AARP and AARP Foundation Litigation on an amicus brief in support of the Respondents John Guido and Dennis Rankin in Mt. Lemmon Fire District v. Guido & Rankin, pending currently in the U.S. Supreme Court. This case concerns whether the Age Discrimination in Employment Act (ADEA) applies to state and local government entities with fewer than twenty employees. The brief makes a number of compelling arguments in favor of upholding the Ninth Circuit Court of Appeals ruling that the ADEA covers the entities in question. First, settled principles of statutory construction that have been reaffirmed many times by the U.S. Supreme Court support the conclusion that the employer in question is covered by the ADEA. Second, the brief draws on a number of previous decisions in which the Court declined to apply interpretations from cases arising under Title VII of the Civil Rights Act to the ADEA, where there were key differences in the texts, contexts, and histories of the respective statutes. Finally, the brief does well to point out that the Petitioners’ arguments regarding the potential threats that ADEA enforcement would pose to the financial survival of small political subdivisions are grossly overstated. The brief was written by NELA members Daniel B. Kohrman, Laurie A. McCann, and Dara S. Smith of AARP Foundation Litigation (Washington, DC).

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