A decision in the 9 th Circuit Court of Appeals this week could be a big win for government employees working in tiny towns across Arizona and the United States.
A judge rejected arguments in court on Monday claiming municipalities with fewer than 20 employees are immune from anti-discrimination lawsuits.
In a case brought against the rural Mount Lemmon Fire Department, northeast of Tucson, fire fighters John Guido, 46, and Dennis Rankin, 54, claimed they were wrongfully fired.
Lawyers for the two men argued they were targeted after nearly a decade at the district because they were the two oldest members in their district.
Attorneys representing the small community fire department claim it’s protected by the federal Age Discrimination Employment Act because it states lawsuits can only be brought against employers with 20 or more employees.
The court singled out the word “employers” and noted the federal law applies to private businesses, not government entities.
If the U.S. Supreme Court agrees with the 9 th Circuit Court of Appeals, it could also overturn recent decisions in other states and set precedence for future age discrimination cases against rural governments here and around the country.