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Current Priorities
ECONOMIC OPPORTUNITY - AARP Foundation attorneys litigate on behalf of older adults to secure opportunities to generate income and to protect their assets.
Earning - Create opportunities to earn a living
AFL defends the rights of older adults in cases involving hiring, promoting, and terminating in the workplace.
Saving - Protect savings and assets
AFL protects savers, investors, and consumers through legal advocacy concerning employee health and welfare benefits; pension benefits; and fraudulent, predatory, and discriminatory commercial practices (financial exploitation).
U.S. Supreme Court Preview, 2018
AARP Foundation Litigation presents a discussion of cases before the Court during the upcoming term, highlighting those having a significant impact on people age 50 and older.
On the Docket: Active in the Courts for You
Explore recent cases (in reverse chronological order of activity) in which AARP Foundation attorneys have filed, or that have been decided by the court.
In the News
Housing Discrimination Against LGBT Residents
The U.S. Court of Appeals for the Seventh Circuit, by overturning the district courts ruling, places accountability for the "harassment, discrimination and violence," endured by Marsha Wetzel squarely with Glen St. Andrew Living Facility. Explore the case with questions and answers from AARP Foundation attorneys Smith and Silverstein.
Louisiana Legislation on Nursing Facility Camera Installation
A lawsuit initiated by AARP Foundation, Graff v. Heritage Manor, was instrumental in the enactment of the Louisiana legislation on the placement of video cameras in the rooms of nursing facility residents.
School District Charged with Violating Age Discrimination in Employment Act
Foundation attorneys Smith and McCann are co-counsel in an age discrimination lawsuit against Montgomery County Public Schools. The suit charges that the school district's pension plan violates the federal ADEA by mandating disability benefits that differ by a participants age.
Court Strikes Down Medicaid Work Requirement for Kentucky
AARP Foundation's brief noted some of the chronic problems that are common among Medicaid recipients, and why implementation of the proposed waiver would be detrimental and impede Medicaid's objectives. The court preserved the status quo and continuity of coverage.
"Experience" and "Overqualified" as Subtle Age Discrimination
AARP Foundation attorneys McCann and Smith weigh in on age-based hiring practices as currently under review in the Kleber v. CareFusion case. Reporter, Elejalde-Ruiz (Chicago Tribune), quotes age discrimination expert McCann, "Specifying a maximum number of years of experience has a clear disparate impact on older applicants." At a time when more older applicants are attempting to enter the labor force, this masked discrimination against applicants can be devastating.
Attorney Bagby Interviewed Regarding Patient Dumping
"Patient dumping" is a serious issue that can confront vulnerable residents of nursing facilities. Attorney Kelly Bagby discusses ongoing litigation regarding one case of this practice with KSRF-FM's Mary Lou Cooper.
In the Spotlight
Discrimination Against Tenants with Disabilities
AARP Foundation attorneys and co-counsel filed suit in U.S. District Court alleging practices and policies that force tenants with disabilities to move out of their homes.
Fifty Years of the Age Discrimination in Employment Act (ADEA)
In the article (33 A.B.A. J. Lab. & Emp. L. 89 (2018)), AARP Foundation's age discrimination expert Laurie McCann discusses the enactment of the ADEA fifty years ago. Unfortunately, although changes have been achieved and the landscape has evolved regarding this social ill, age discrimination remains a pervasive and prevalent problem that the attorneys with AARP regularly confront and challenge.
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