Equal Employment Opportunity Commission v. Clark County, Nevada

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION,
Plaintiff - Appellant,
v.
CLARK COUNTY, NEVADA,
Defendant - Appellee.
No. 10-16216
D.C. No. 2:07-cv-01311-JCM-
GWF
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
James C. Mahan, District Judge, Presiding
Argued and Submitted May 17, 2012
San Francisco, California
Before: THOMAS, McKEOWN, and W. FLETCHER, Circuit Judges.
The Equal Employment Opportunity Commission (“EEOC”) appeals the
judgment entered against it on its age discrimination claims filed against Clark
County, Nevada. We affirm.
FILED
JUN 14 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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Considering “all of the incidents of the relationship” between Clark County
and its unpaid firefighters under the undisputed facts, the district court did not err in
concluding that the balance of factors favors granting volunteer status, not
employee status, to Clark County’s volunteer firefighters under the Age
Discrimination in Employment Act. Clackamas Gastroenterology Assoc. v. Wells,
538 U.S. 440, 451 (2003) (internal quotation marks omitted). Therefore, the district
court’s grant of summary judgment was proper.
AFFIRMED.

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