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AARP Foundation Legal Advocacy

Docket: Employment Discrimination


Case Name: Staub v. Proctor Hospital

Court: U.S. Supreme Court    Docket: 09-400

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Employer may be liable for monetary damages for discrimination if the employer terminates the employee through the actions of a non-biased senior supervisor based on erroneous reports of misbehavior by immediate supervisors who have a specific intent to have the employee terminated due to their discriminatory animus against the employee.

Case Name: Summers v. Altarum Institute

Court: U.S. Ct. App. 4th Cir.    Docket: 13-1645

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Temporary impairments can be a disability protected by the ADAAA.

Case Name: Thompson v. North American Stainless

Court: U.S. Supreme Court    Docket: 09-291

Read Summary and AARP's Amicus Brief  (PDF)

Case Result: Employer may not retaliate against a worker who is a fiancée or close family member of a co-worker who has filed a charge of discrimination with a government agency.

Case Name: Tramp v. Associated Underwriters

Court: U.S. Ct. App. 8th Cir.    Docket: 13-2546

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Summary judgment for employer reversed as there was evidence employer terminated older employees because it believed that by doing so it would reduce the company's health care costs.

Case Name: Univ. of Texas Southwestern Med. Ctr. v. Nassar

Court: U.S. Supreme Court    Docket: 12-484

Read Summary AARP's Amicus Brief (PDF)

Case Result: A plaintiff alleging unlawful retaliation for protected opposition to suspected discrimination under Title VII must prove retaliation was the "but for" cause of the adverse employment action and not just a "motivating factor."

Case Name: Vance v. Ball State University

Court: U.S. Supreme Court    Docket: 11-556

Read Summary AARP's Amicus Brief  (PDF)

Case Result: A "supervisor" for vicarious liability purposed under Title VII is an employee authorized by an employer to take tangible employment actions against another worker such as hiring, firing, or failing to promote.

Case Name: Victor v. New Jersey

Court: NJ Supreme Ct.    Docket: 63-285

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Court, although affirming a decision dismissing underlying claims-vacated lower court's ruling that held contrary to federal court decisions in similar cases under the Americans with Disabilities Act, that under the New Jersey Law Against Discrimination, it is necessary for a worker claiming disability-based employment discrimination in the form of his employer's refusal to afford him "reasonable accommodation" to prove a separate "adverse employment action" by the employer, above and beyond the failure to accommodate plaintiff's disabilities itself.

Case Name: Wal-Mart Stores, Inc. v. Dukes

Court: U.S. Supreme Court    Docket: 10-277

Read Summary and AARP's Amicus Brief (PDF)

Case Result: Court held that the class in this massive gender discrimination case had been improperly certified under Rule 23(b)(2), both because common questions were lacking under Rule 23(a)(2) and because the class had sought individualized monetary relief in addition to injunctive and declaratory relief.

Case Name: Wells Fargo Wage and Hour Emp't Practices Litig. (In re)

Court: U.S. Ct. App. 5th Cir.     Docket: 12-20605

Read Summary AARP's Amicus Brief (PDF)

Case Result: Court denied writ of mandamus that asked the court to abandon the longstanding test for determining whether employees can pursue their claims collectively and replace it with a much stricter standard.

Case Name: Whitaker v. 3M Co.

Court: Dist. Ct. of Ramsey County, Minn.  

Read Summary

Case Result: Claims filed on behalf of approximately 6,000 current and former Minnesota employees of 3M, based on state law, setled for $9 million with no admission of liability.

Case Name: Young v. Bellofram Corp.

Court: W. Va. Supreme Ct. Docket: 35439

Read Summary AARP's Amicus Brief (PDF)

Case Result: Court denied petition for rehearing of decision that in order for an age discrimination plaintiff to prevail, the individual they claim was treated more favorably must be outside the protected class, i.e., under 40.

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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.