Federal Age Discrimination Laws Apply to All Local and State Governments, Regardless of Size

On Tuesday, November 6, 2018, the U.S. Supreme Court unanimously clarified that the Age Discrimination in Employment Act (“ADEA”) applies to all governmental employers, regardless of their size.  Prior to the Supreme Court’s ruling, lower courts disagreed as to whether the language of the ADEA applied only to governmental bodies having 20 or more employees, as is the case with private employers. 

For our government clients in Texas, the Supreme Court’s ruling offers clarification on federal law, but because Texas state law has historically prohibited age discrimination for all government employers, regardless of size, the practical reality and prohibitions for Texas governmental employers will not change following the Supreme Court’s ruling. 

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