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AARP Foundation Legal Advocacy

Docket: Employment Discrimination


Case Name: AARP v. EEOC

Court: U.S. Dist. Ct. D.C.   Docket: 16-2113

Read Press Release      Complaint (PDF)

Case Issue: Can the Equal Employment Opportunity Commission (EEOC) allow employers to penalize employees thousands of dollars for refusing to provide sensitive medical and genetic information through employee wellness programs?

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 Result: The Court of Appeals reversed the trial court's dismissal of Plaintiff's age and sex bias claims. The court also affirmed the dismissal of plaintiff's retaliation claim and defendant's sanctions motion.

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: Dainiak v. Northeast Medical Group

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

Read Complaint (PDF)

Case Result: Significant confidential monetary settlement for plaintiff.

Case Name: EEOC v. Flambeau

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

Read AARP's Amicus Brief (PDF)

Case Result: The court found that it could not decide the merits of the case because the company no longer required employees to participate in its wellness program to secure health insurance.

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: 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: 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: 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 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.