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AARP Foundation Legal Advocacy

Docket: Employment Discrimination


Case Name Hall v. Rite Aid

Court: Cal. Ct. App.     Docket: D062909

Read Summary and AARP's Amicus Brief (PDF)

Case Issue: Does state law mandate that working employees be provided with seats when their work reasonable permits use of seats?

Case Name: Hilde v. City of Eveleth

Court: U.S. Ct. App. 8th Cir.    Docket: S14-1016

Read AARP's Amicus Brief (PDF)

Case Result: It is improper to consider a candidate's eligibility for retirement when making a hiring decision because assuming an individual is uncommitted to a position when their age makes them retirement-eligible is prohibited age-stereotyping.

Case Name: Home Care Ass'n of Am. v. Weil

Court: U.S. Ct. App. D.C. Cir.    Docket: 15-5018

Read AARP's Amicus Brief (PDF)

Case Result: Court held that the Department of Labor has the authority to require third-party employers (such as home health care staffing agencies) to pay home health care workers minimum wage and overtime under the Fair Labor Standards Act.

Case Name: v. Becerra

Court: U.S. Dist Ct. ND Cal.    Docket: 16-cv-06536-VC

Read AARP's Amicus Brief (PDF)

Case Issue: Is California law mandating that entertainment employment service providers remove age data within five days of an entertainment worker's request constitutional?  

Case Name: Iskanian v. CLS Transportation

Court: Cal. Supreme Court    Docket: S204032

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Arbitration agreement requiring an employee, as a condition of employment, to give up the right to bring representative state statutory private attorney actions in any forum is contrary to public policy.

Case Name: Jacob v. Duane Reade

Court: U.S. Ct. App. 2d Cir.     Docket: 13-3873-cv

Read Summary and Amicus Brief (PDF)

Case Result: District court properly certified class action on behalf of assistant store managers in overtime pay case under N.Y. wage and hour law.

Case Name: Kilby v. CVS Pharmacy; Henderson v. JPMorgan Chase (see also Hall v. Rite Aid)

Court: Cal. Supreme Ct.    Docket: S215614

Read Summary and AARP's Amicus Brief (PDF)

Case Result: California workers win the right to sit down in most circumstances. Court held: 1)There is no principled reason for denying an employee a seat even when s/he spends a substantial part of his/her workday performing tasks that must be done standing. 2) Under California regulations all employees are entitled to a seat, and an employer cannot limit the right to a seat based on an employee's physical characteristics.

Case Name: Kleber v. CareFusion

Court: U.S. Ct. App. 7th Cir.  Docket: 17-1206

Case Issue: Does the Age Discrimination in Employment Act (ADEA) allow job applicants to challenge hiring practices (here a "maximum years of experience" requirement) that unreasonably screens out older applicants without expressly disfavoring them based on their age.

Case Name: Kleber v. CareFusion

Court: U.S. Dist. Ct. ND Ill.  Docket: 15-cv-01994

Read Complaint (PDF)

Case Result: AFL settled Mr.Kleber's disparate treatment claim and will now appeal CareFusion's refusal to consider his job application because he was "overqualified" - i.e., had more experience than the seven-year limit stated in the job notice - as a violation of the Age Discrimination in Employment Act by excluding older workers without a reasonable justification.

Case Name: Knotts v. Grafton City Hospital

Court: Supreme Ct. of App. WV   Docket: 14-0752

Read Amicus Brief (PDF)

Case Result: The court ruled that, contrary to U.S. Supreme Court precedent, under the West Virginia Human Rights Act, a 64-year-old employee could not create an inference of age discrimination by showing that she was replaced by or treated worse than younger employees because those employees were also over the age of 40.

Case Name: Mach Mining v. EEOC

Court: U.S. Supreme Court    Docket: 13-1019

Read Summary and Amicus Brief (PDF)

Case Result: Courts may conduct only a narrow review before suing an employer in a Title VII case and failure to conciliate does not requrie dismissal.

Case Name: Madigan v. Levin

Court: U.S. Supreme Court    Docket: 12-872

Read Attorney Kohrman's Blog Post AARP's Amicus Brief (PDF)

Case Result: Court dismissed appeal as "improvidently granted" preserving lower court ruling that age discriminaiton victims may bring claims under the Equal Protection Clause of the Fourteenth Amendment despite ADEA's comprehensive remedial scheme.

Case Name: McDaniel v. Momentive Inc.

Court: U.S. Ct. App. 5th Cir.    Docket: 14-20410, 14-20462

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Parties entered into confidential settlement and dismissed appeal before oral argument.

Case Name: McLeod v. General Mills

Court: U.S. Ct. App. 8th Cir.   Docket: 15-3540

Read AARP's Amicus Brief (PDF)

Case Issue: During layoffs, employers often convince older workers to give up their right to sue for age discrimination in exchange for severance payment. If workers later want to take their former employers to court because they find out that the layoff targeted older employees, employers have to show in court that those workers gave up their right to sue knowingly and voluntarily. Can employers avoid that responsibility by including an arbitration agreement in a severance contract?

Case Name: McLeod v. General Mills

Court: U.S. Dist. Ct. Dist. Minn.    Docket: 15-cv-00494

Read Summary and AARP's Amicus Brief (PDF)

Case Result: District court ruled for plaintiffs on grounds plain language of OWBPA and enactment history require validity of waiver to be decided in a court.

Case Name: Morriss v. BNSF Railway

Court: U.S. Ct. App, 8th Cir.   Docket: 14-3858

Read Summary and AARP's Amicus Brief PDF)

Case Result: The court concluded that obesity is only an ADA "impairment" if the plaintiff's weight is both outside "normal" range and caused by an underlying health condition, relying on EEOC guidance and rejecting AARP's and EEOC's arguments to the contrary. The court therefore affirmed the district court's decision that Morriss was not covered by the ADA.

Case Name: Muhammad v. Stagecoach Group

Court: NJ Superior Court, Union County    Docket: UNN-L-003819-09

Read Summary

Case Result: Confidential settlement of all parties included agreement to revised (vastly improved) diabetes employment policy and issuance of joint press release announcing the policy.

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Legal Cases

Find 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. The cases within the drop-down categories below are in alphabetical order for ease of searching.

Strengthening Law and Policy through
Legal Advocacy

Our legal advocacy initiatives  - conducted by AARP Foundation Litigation (AFL) - reflect nearly 20 years of work in federal and state courts across the country. Through our efforts, we support the Foundation’s four impact areas: Tackling Senior Hunger, Paving the Way to Stable Income, assuring the adequacy and availability of Safe and Afffordable Housing and Reconnecting People to Families and Communities, and ensure that those 50 and older have a voice in the laws and policies that affect their daily lives.