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    Steven G. Friedman

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    The ADEA's Numerosity Requirement Does Not Apply to Governmental Defendants

    Posted by Steven G. Friedman on Fri, Aug 2, 2019 @ 11:08 AM

    Steve Friedman—Senior Attorney, National Legal Research Group

                The Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. §§ 621-634, is federal legislation intended "to prohibit arbitrary age discrimination in employment."  29 U.S.C. § 621(b). In relevant part, the ADEA provides that "[i]t shall be unlawful for an employer . . . to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's age." Id. § 623(a)(1).

                A threshold determination for implicating the ADEA is whether a potential defendant is an "employer" within the meaning of the ADEA. The ADEA defines "employer," in part, as "a person engaged in an industry affecting commerce who has twenty or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year."  Id. § 630(b). One notable qualifier for "employer" is having a minimum of 20 employees.

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    Topics: civil rights, Steven G. Friedman, ADEA, numerosity requirement, exemption of state entities

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