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AARP Foundation Legal Advocacy

Docket: Employment Discrimination


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: Taaffe v. Ohio State Univ.

Court: U.S. Dist. Ct. SD Ohio    Docket: 15-02870

Case Issue: Did the university administrators allow the English as a Second Language department to conduct an orchestrated effort to drive older staff members out of their jobs through a pattern of age discrimination and harassment.

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: Tyson Foods v. Bouaphakeo

Court: U.S. Supreme Court    Docket: 14-1146

Read AARP's Amicus Brief (PDF)

Case Issue: May a class action under Rule 23 of the Fed. Rules of Civ. Procedure, or a collective action under the Fair Labor Standards Act, be certified where liability and damages will be determined using a statistical sampling to determine the average uncompensated time worked by a given class member, and may a class or collective action be certified when some of the members have yet to show that they were injured?

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: Villarreal v. R.J. Reynolds Tobacco

Court: U.S. Ct. App. 11th Cir.    Docket: 15-10602

Read Summary AARP's Amicus Brief  (PDF)

Case Issue: Does ADEA encompass a claim for age discrimination by job applicants premised on a theory of "disparate impact"?

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.

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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.