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Expert Analysis

Does The ADEA Apply To State Employers Of Any Size?

By Jaime Tuite (July 7, 2017, 10:23 AM EDT) -- Recently, in Guido v. Mount Lemmon Fire District, the Ninth Circuit created a circuit split by interpreting the definition of "employer" in the Age Discrimination in Employment Act  at 29 U.S.C § 630(b) to include state political subdivisions of any size. Unlike multiple other courts of appeal to examine the applicability of the ADEA to political subdivisions with less than 20 employees, the Ninth Circuit found no ambiguity when interpreting the statute — it rejected the notion that there were two reasonable interpretations of the provision at issue....

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