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AARP Foundation Legal Advocacy

Docket: Employment Discrimination

    

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: 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: 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: 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: 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.

Case Name: Romero v. Allstate Ins. Corp. (2005)

Court: U.S. Dist. Ct. Pa.

Read Summary

Case Issue: Did employer unlawfully retaliate against the plaintiffs (former agents) by filing counterclaims against them alleging (falsely) that the plaintiffs violated the terms of the release they were required to sign when they were terminated?

Case Name: Romero v. Allstate Ins. Co. (2001)

Court: U.S. Dist. Ct. Pa.

Read Summary

Case Issue: Did employer violate ERISA and/or the ADEA when it involuntarily terminated employee-agents, 90% of whom were older workers, in order to convert those willing to sign a release to independent contractor status?

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Search Legal Advocacy

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.