Equal Employment Opportunity Commission v. Monclova Township

RYAN, Circuit Judge.

Plaintiff, the Equal Employment Opportunity Commission, appeals the district court’s grant of summary judgment in favor of Monclova Township in this action under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq.

We conclude that the statutory definition of “employer” in section 630 of the ADEA is ambiguous, and that the legislative history of the statute indicates that the twenty employee statutory minimum applicable to private employers is likewise applicable to government employers. Because there is no dispute that Monclova Township employed less…