AARP Foundation Litigation Employee Discrimination Cases
AARP Foundation Litigation Employee Discrimination Cases What We Do
Read AARP's (PDF), Smith's argument before the court (starts at 31:00) , Court (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: (PDF), Listen/Read,
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 (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 , ,, , , (PDF) - 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 and 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 (PDF), (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 (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?
On the Docket Employment
Case Name: Apache v. Davis Court: Supreme Ct. Tex. Docket: 19-0410 Decided: 6/25/2021Read AARP's (PDF), Smith's argument before the court (starts at 31:00) , Court (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: (PDF), Listen/Read,
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 (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 , ,, , , (PDF) - 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 and 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 (PDF), (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 (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?