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Supreme Court Rules against State and Local Governments in Age Discrimination Case

Posted in Case Notes IMLA Briefs on November 6, 2018 By Lann McIntyre

In its first opinion of the term in Mt. Lemmon Fire District v. Guido the Supreme Court ruled 8-0 that the federal Age Discrimination in Employment Act (ADEA) applies to state and local government employers with less than 20 employees. The State and Local Legal Center (SLLC) filed an amicus brief arguing that it should not apply. State and local governments often rely on small special districts to provide services they don’t provide.

John Guido was 46 and Dennis Rankin was 54 when they were laid off by the Mount Lemmon Fire District. They claim they were terminated because of their age in violation of the ADEA. They were the oldest of the district’s 11 employees.

The fire district argued that the ADEA does not apply to it because it employs fewer than 20 people. The Ninth Circuit disagreed.

The term “employer” is defined in the ADEA as a “person engaged in an industry affecting commerce who has 20 or more employees.” The definition goes on to say “[t]he term also means (1) any agent of such a person, and (2) a State or political subdivision of a State.” Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on September 7, 2014 By Kira Klatchko

Here are last week’s published decisions involving local governments:

Sixth Circuit

Scheick v. Tecumseh Pub. Sch., No. 13-1558 (Sept. 2, 2014): In case in which Scheick contends that the school district did not renew his contract in violation of the Age Discrimination in Employment Act, the court reversed summary judgment for the school district . The evidence was sufficient to create a genuine issue of fact.
Krause v. Jones, No. 13-2498 (Sept. 3, 2014): The court affirmed finding of qualified immunity for officers in excessive-force case.
F.H. v. Memphis City Schools, No. 13-6323 (Sept. 4, 2014): The court reversed dismissal of student’s 1983 and contractual claims arising out of alleged neglect and abuse; neither settlement agreement nor IDEA barred claims.

Eighth Circuit Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on June 30, 2014 By Kira Klatchko

Here are last week’s published decisions involving local governments:

First Circuit

Snyder v. Gaudet, No. 12-1422 (June 25, 2014) (In 42 U.S.C. 1983 action alleging violation of equal protection because city applied zoning restriction differently to Snyder than to prior owner, granting qualified immunity to defendants because right was not clearly established): Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on April 7, 2014 By Kira Klatchko

Here are last week’s published decisions involving local governments:

Second Circuit

The Bronx Household of Faith v. Bd. of Educ. of the City of New York, No. 12-2730 (Apr. 3, 2014) (reversing district court’s decision and ruling that school may refuse to allow its facilities to be used for religious worship). See this post from Evan Seeman and Dwight Merriam at the RLUIPA Defense blog.
T.M. v. Cornwall Central School District, No. 12-4301 (Apr. 2, 2014) (finding that district court erred as a matter of law in concluding that the school district was not required under the Individuals with Disabilties Education Act to offer student a mainstream extended school year program simply because it does not offer such a program.).

Fourth Circuit

EEOC v. Baltimore County, No. 13-1106 (Mar. 31, 2014) (finding that county retirement plan unlawfully Continue reading →

Fourth Circuit: Retirement Plan Discriminates Based on Age

Posted in Case Notes on April 1, 2014 By Kira Klatchko

A County retirement-benefit plan requires an employee to contribute a percentage of his salary to the plan.

But not all employees contribute at the same rate.

Instead, an older employee must contribute at a higher rate than a younger employee who enrolls at the same time.

Does this violate the Age Discrimination in Employment Act?

The Fourth Circuit, in EEOC v. Baltimore County, No. 13-1106 (Mar. 31, 2014), said that in the case of Baltimore County’s plan, it does.

In the court’s view, Continue reading →

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on January 13, 2014 By Kira Klatchko

Here are last week’s published decisions involving local governments. They include two unsuccessful due-process challenges — one to speed-camera programs, the other to booking fees:

Second Circuit

Matusick v. Erie County Water Authority, No. 11-1234 (Jan. 6, 2014) (upholding jury’s finding of liability against water authority arising out of “interference with employee’s intimate association” due to alleged verbal and physical harassment).

Fourth Circuit

Snider International Corp. v. Town of Forest Heights, No. 12-2490 (Jan. 7, 2014) (holding that Town did not violate procedural or substantive due process by issuing citations by mail under Town’s speed-camera program).

Seventh Circuit Continue reading →