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On the Docket: Employment

Case Name: Apache v. Davis

Court: Supreme Ct. Tex. Docket: 19-0410

Decided: 6/25/2021

Read AARP's Amicus Brief (PDF), Smith's argument before the court (starts at 31:00) Watch, Court Decision (PDF)

Case Result: The Texas Supreme Court issued a narrow, fact-based decision holding that there was no evidence that a retaliatory motive caused Davis’ termination because, it concluded, her supervisor intended to terminate her before her complaint was filed.


Case Name: Kwesell  v. Yale

Court: U.S. Dist. Ct. Conn.   Docket: 3:19-cv-10980

Read: Complaint (PDF),  WNPR Listen/Read, Press Release

Case Issue: Is a wellness program that fines employees $1,300. per year  for refusing to reveal medical and genetic information and submit to medical examinations "voluntary" under the Americans with Disabilities Act (ADA) and Genetic Information Nondiscrimination Act (GINA).  


Case Name:  Pelcha v. MW Bancorp

Court: U.S. Ct. App. 6th Cir. Docket: 20-3511

Filed: 2/11/2021

Read AARP Amicus Brief (PDF) 

Case Issue: In a disparate treatment case, does the Age Discrimination in Employment Act (ADEA) require a plaintiff to prove that her age was “the” only “but-for” cause (i.e., the “sole cause”) of challenged conduct by the employer adverse to the plaintiff.


Case Name: Rabin v. PricewaterhouseCoopers

Court: U.S. Dist. Ct. ND Cal. Docket: 16-02276

Order for Final Approval of Settlement: 2/4/2021

Read ComplaintPress Release,, Order for Final Settlement ApprovalProposed Collective & Class Action Settlement, (PDF) Article - Bloomberg "Daily Labor Report"

Case Issue: Do PwC's hiring and related employment practices have the purpose and effect of disadvantaging and deterring older applicants for entry- and mid-level jobs, in violation of federal and California age bias laws?


Case Name: Raymond v. Spirit AeroSystems

Court: U.S. Dist. Ct. Kansas Docket: 16-cv-01282

Read Press Release and Complaint

Case Issue: In conducting a reduction-in-force, did the aerospace company target older workers in the hope of eliminating individuals with costly medical claims from the firm's self-insured medical plan?


Case Name: Texas Tech Univ. v. Niehay

Court: Eighth Judicial Cir. Ct. El Paso (Texas)   Docket: 08-19-00201

Read AARP's Amicus Brief  (PDF), Decision (PDF)

Case Result: Affirmed trial court order denying summary judgment as to plaintiff’s disability discrimination in employment “regarded as” claim and rejecting motion to exclude plaintiff’s evidence regarding legal advice provided by defendant’s counsel.


Case Name:  Tyler v. Hennepin Co.

Court: U.S. Ct. App. 8th Circuit Docket: 20-3730

Filed: 3/29/2021

Read AARP Amicus Brief (PDF) 

Case Issue: Does the Takings Clause of either the U.S. or the Minnesota Constitution forbid public officials from confiscating the amount of surplus equity yielded in a tax foreclosure sale above the amount of taxes (and related costs and penalties) owed by the former taxpayer?