U.S. Court of Appeals for the Third Circuit

Case Status


Docket Number

07-4460, 07-4461 & 08-1122


Case Updates

Third Circuit rules on anticipatory retaliation under the ADEA

July 29, 2009

In an unpublished decision, the Third Circuit allowed former insurance agents to proceed with discovery in litigation alleging that Allstate illegally changed the agents from employees.

U.S. Chamber files amicus brief

August 19, 2008

NCLC urged the Court to reject a novel theory that general litigation waivers exchanged for enhanced severance packages constitutes “anticipatory retaliation” under the ADEA, Title VII and the ADA. In its brief, NCLC argued that when an employer invites an employee to sign a litigation waiver, that invitation does not constitute statutory retaliation because the plaintiff has not “opposed” conduct believed to be discriminatory, nor has it “participated” in an EEO investigation. NCLC also argued that the litigation releases at issue in this case are valuable to businesses because they eliminate the possibility of needless post-termination litigation and facilitate a peaceful end to employment relationships.

Case Documents