Members is to be prepared for the possibility of being found personally, jointly, and severally liable
for ADEA violations.
Finally, in 1991 Congress amended the ADEA by passing the Older Workers Benefit Protection Act
(OWBPA). The OWBPA provides additional benefits to employees over the age of 40, including
protections pertaining to severance pay and waivers of claims. In light of the Supreme Court’s deci-
sion, public sector employers with fewer than 20 employees will now also likely be subject to the
OWBPA’s requirements.
Your Bottom Line:
Public sector employers should be aware of this case’s ramifications. Public sector agencies, regard-
less of their size, must safeguard against ADEA claims by employees. Policies and procedures should
be updated to ensure age discrimination and harassment are prohibited and that there is an effective
complaint procedure in place. We will monitor lower court decisions interpreting Mount Lemmon
Fire District since a holding interpreting the decision to impose individual liability under the ADEA
will impact both private and public sector employers.
www.gachiefs.com • Page 31 • 2nd Quarter Newsletter