Page:Mount Lemmon Fire District v. Guido et al..pdf/7

Rh an additive meaning. See Brief for Respondents 11–13, and n. 2 (collecting citations). For example, 12 U. S. C. §1715z–1(i)(4), provides: "“[T]he term ‘elderly families’ means families which consist of two or more persons the head of which (or his spouse) is sixty-two years of age or over or is handicapped. Such term also means a single person who is sixty-two years of age or over or is handicapped.”"

“[A] single person” plainly adds to, rather than clarifies, the preceding statutory delineation, “two or more persons.” Just so with States and their political subdivisions in the ADEA’s definition of “employer.” Notably, in §1715z–1(i)(4), Congress repeated the “sixty-two years of age or over or is handicapped” qualifier to render it applicable to “a single person.” In the ADEA, by contrast, Congress did not repeat the “twenty or more employees” qualifier when referencing state and local government entities. This Court is not at liberty to insert the absent qualifier.

Furthermore, the text of §630(b) pairs States and their political subdivisions with agents, a discrete category that, beyond doubt, carries no numerical limitation. See Tr. of Oral Arg. 55–56. The Fire District does not gainsay that the 20-employee restriction applies to §630(b)’s first sentence. Its construction, however, would lift that restriction for the agent portion of the second sentence, and then reimpose it for the portion of that sentence addressing States and their political subdivisions. We resist a reading so strange.

The Fire District presses the argument that the ADEA should be interpreted in line with Title VII, which, as noted supra, at 3, applies to state and local governments