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AARP Foundation Legal Advocacy

Docket: Employment Discrimination

    

Case Name: Green v. Dallas County Schools

Court: Supreme Ct. Texas    Docket: 16-0214

Read AARP's Amicus Brief (PDF)

Case Issue: Are plaintiffs suing under the Americans with Disabilities Act (ADA), or under a state law similar to the ADA or following interpretations under the ADA, required to show the underlying cause of their disability in order to demonstrate a covered "disability," and thereby to be entitled to the ADA's (or an equivalent state law's) antidiscrimination protection.

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: Calobrisi v. Booz Allen Hamilton

Court: U.S. Ct. App. 4th Cir.    Docket: 15-1331(1); 15-1399 XAP

Read AARP's Amicus Brief (PDF)

Case Issue: Did the district court misapply the Supreme Court's decision in Sprint v. Mendelsohn (2008), by disregarding Calobrisi's evidence of her employer's "corporate culture" of ageism?

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: Cruse v. Henderson County Bd. of Educ.

Court: Supreme Ct. of Kentucky    Docket: 2015-SC-000506

Read AARP's Amicus Brief (PDF)

Case Issue: Is a Kentucky law that cuts off workers' compensation income benefits for injured employees at the age of Social Security Retirement eligibility - regardless of whether the employee is actually drawing retirement benefits - unconstitutional and unlawful under federal law prohibiting age discrimination in employment?

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: 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: EEOC v. Flambeau

Court: U.S. Ct. App. 7th Cir.   Docket: 16-1402

Read AARP's Amicus Brief (PDF)

Case Issue: The Americans with Disabilities Act only allows employers to ask employees for confidential medical information through its wellness program if providing that information is "voluntary." Can a company terminate an employee's health insurance if the employee refuses to provide that information?

Case Name: Flynn v. Distinctive Home Care

Court: U.S. Ct. App. 5th Cir.   Docket: 15-50314

Read AARP's Amicus Brief (PDF)

Case Result: Weighing in on a controversial issue that has divided the federal courts, the Fifth Circuit unanimously held that independent contractors may bring employment discrimination claims under Section 504 of the Rehabilitation Act, which forbids disability-based discrimination in federally-funded programs.

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 Summary and AARP's Amicus Brief (PDF)

Case Result: The 11th circuit reversed summary judgment for the employer on the employee's ADEA claim under the "Cat's Paw" theory of liability, but affirmed summary judgment for the employer on the employee's disability discrimination and retaliation claims.

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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Find
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 more than 15 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.