FRAPPIED v. AFFINITY GAMING BLACK HAWK, LLC

No. 19-1063.

966 F.3d 1038 (2020)

Christine FRAPPIED; Christine Gallegos; Kathleen Greene; Joyce Hansen; Kristine Johnson; Georgean LaBute; John Roberts; Annette Trujillo; Debbie Vigil, Plaintiffs-Appellants, and Jennifer Ryan, Plaintiff, v. AFFINITY GAMING BLACK HAWK, LLC, Defendant-Appellee. Equal Employment Opportunity Commission; National Employment Lawyers Association; The Employee Rights Advocacy Institute for Law & Policy; AARP; AARP Foundation, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

FILED July 21, 2020.


Attorney(s) appearing for the Case

Lisa R. Sahli , Lisa R. Sahli , Attorney at Law, LLC, Littleton, Colorado, and Barry D. Roseman , Roseman Law Offices, LLC, Denver, Colorado for Plaintiffs-Appellants.

Joshua B. Kirkpatrick ( Jennifer S. Harpole and David C. Gartenberg , with him on the briefs), Littler Mendelson, P.C., Denver, Colorado for Defendant-Appellee.

Daniel B. Kohrman and William Alvarado Rivera , AARP Foundation, Washington, D.C., filed an Amici Curiae brief for AARP and AARP Foundation, in support of Appellants.

Darold W. Killmer and Liana Orshan , Killmer, Lane & Newman, LLP, Denver, Colorado, filed an Amici Curiae brief for the National Employment Lawyers Association and the Employee Rights Advocacy Institute for Law & Policy, in support of Appellants.

James L. Lee , Deputy General Counsel, Jennifer S. Goldstein , Associate General Counsel, Elizabeth E. Theran , Assistant General Counsel, and Susan R. Oxford , Attorney, Equal Employment Opportunity Commission, Office of General Counsel, Washington, D.C., filed an Amicus Curiae brief for the Equal Employment Opportunity Commission, in support of Appellants.

Before LUCERO, PHILLIPS, and MORITZ, Circuit Judges.


This is an employment discrimination case. Plaintiffs allege defendant Affinity Gaming Black Hawk, LLC ("Affinity") terminated them on the basis of age and sex. They brought disparate impact and disparate treatment claims under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act ("ADEA")...

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