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AARP Foundation Legal Advocacy

Docket: Employment Discrimination


Case Name: Alch v. Time Warner Entertainment Co., Inc.

Court: Cal. Superior Ct., County of LA, Cent. Civ. W. Docket: BC 268836

Read Summary

Case Result: The last of the 23 class actions comprising the Television Writers Age Discrimination Litigation has settled. Without admitting liability, the 51 defendants agreed to pay a combined total of $75 million making it the largest in the history of age discrimination litigation.

Case Name: Baker v. Beckton, Dickinson & Co.

Court: U.S. Ct. App. 6th Cir.    Docket: 11-6273

Read Summary AARP's Amicus Brief (PDF)

Case Result: Court held that it did not need to rule on whether ageist comments of plaintiff's supervisor were direct evidence of discrimination because the remarks were nevertheless sufficient indirect (circumstantial) evidence of discrimination to create a genuine issue of material fact regarding the defendant's discriminatory intent.

Case Name: Barton v. Zimmer, Inc.

Court: U.S. Ct. App. 7th Cir.    Docket: 10-2212

Read Sumary and AARP's Amicus Brief (PDF)

Case Result: Although the plaintiff was discriminated against because of her age, the ADEA provides no remedy because the plaintiff suffered no loss.

Case Name: Braun v. Walmart

Court: Pa. Supreme Court    Docket: 32 EAP 2012

Read Summary AARP's Amicus Brief (PDF)

Case Result: Statistical evidence can be used to prove damages and it was not required to prove that the claims of all class members were identical.

Case Name: Breeden v. Novartis Pharmaceuticals Corp.

Court: U.S. Ct. App. D.C. Cir.    Docket:  10-7073(L); 10-7078

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Plaintiffs claims of discrimination and retaliation under FMLA were dismissed for failure to produce evidence that reassignment amounted to retaliation, and further, that dismissal was directly related to reassignment.

Case Name: Coleman v. Maryland Ct. of App.

Court: U.S. Supreme Court    Docket: 10-1016

Read Summary and AARP's Amicus Brief (PDF)

Case Result: The 11th Amendment sovereign immunity bars suits against states under the Family and Medical Leave Act for damages from discrimination in the form of denial of personal medical leave and/or retaliation for taking such leave.

Case Name: Daniak v. Northeast Medical Group

Court: Superior Court J.D. of New Haven    Docket: NNH-CV-14-6047134-5

Case Issue: Is it unlawful age discrimination to ask a qualified, high-performing professional to retire and then terminate him when he declines?

Case Name: Dillon v. West Publishing Corp.

Court: U.S. Ct. App. 9th Cir.    Docket: 08-17759(L), 09-15055(XAP)

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Reversed jury verdict for plaintiff on grounds jury instructions referring to "motivating factor" standard of proof of age discrimination under ADEA did not comply with U.S. Supreme Court's Gross decision.

Case Name: Duran v. U.S. Bank National

Court: Cal. Supreme Ct.    Docket: S200923

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Statistical sampling may provide an appropriate means of proving liability and damages in some wage and hour class actions.

Case Name: Engers v. AT&T Management Pension Plan

Court: U.S. Ct. App. 3d Cir.    Docket: 10-2752

Read Summary and AARP's Amicus Brief (PDF)  

Case Result: Compliance with section 4(i) of ADEA prohibiting the conversion of an employer's benefit accrual offers employers a complete defense to other age discrimination claims involving retirement benefits.

Case Name: Ford v. Mabus

Court: U.S. Ct. App. D.C. Cir.    Docket: 09-5041

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Gross does not apply to ADEA claims of federal employees allowing them to pursue mixed-motives claims.

Case Name: Fuller v. Gates

Court: U.S. Ct. App. 5th Cir.    Docket: 11-40013

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Court reversed order entering judgment for plaintiff because the evidence was insufficient for a finding of liability even on a mixed-motives theory.

Case Name: Garcia v. 3M Co.

Court: U.S. Dist. Ct. Minn.

Read Summary 

Case Result: Nationwide age discrimination class action filed on behalf of several thousand current and former 3M employees employed in states other than Minnesota and New Jersey based on federal law settled for $6 million with no admission of liability.

Case Name: Genesis Healthcare Corp. v. Symczyk

Court: U.S. Supreme Court    Docket: 11-1059

Read Summary AARP's Amicus Brief (PDF)

Case Result: Plaintiff who rejected a settlement offer had no personal interest in representing unnamed claimants, nor any other continuing interest that would preserve her suit from mootness and; therefore, her suit was appropriately dismissed.

Case Name: Godwin v. WellStar Health System

Court: U.S. Ct. App. 11th Cir.    Docket: 14-11637

Read AARP's Amicus Brief (PDF)

Case Issue: Did court err in dismissing ADEA "cat's paw" claim given court's failure to cite governing Supreme Court precedent and decisionmaker's testimony that he would not have terminated employee but for recommendation of biased supervisor to terminate employee?

Case Name: Gross v. FBL Financial Services, Inc.

Court: U.S. Supreme Court    Docket: 08-441

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Unlike Title VII, the Age Discrimination in Employment Act does not permit mixed-motive claims and, therefore, in order to establish liability under the ADEA, the plaintiff must prove that age was the "but-for" cause of the adverse employment action.

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Legal Cases

Find the most recent cases in which AFL has advocated in courts nationwide for the rights of older persons, and filed AARP’s amicus curiae (“friend of the court”) briefs that help courts decide precedent-setting cases.

Strengthening Law and Policy through
Legal Advocacy

Our legal advocacy initiatives  - conducted by AARP Foundation Litigation (AFL) - reflect more than 15 years of work in federal and state courts across the country. Through our efforts, we support the Foundation’s four priority areas: Hunger, Income, Housing and Isolation, and ensure that those 50 and older have a voice in the laws and policies that affect their daily lives.