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FOWLER v. AT & T, INC.

No. 20-2247.

19 F.4th 292 (2021)

Kathleen FOWLER, Appellant v. AT & T, INC.; AT & T Services, Inc.

United States Court of Appeals, Third Circuit.

Opinion filed: November 26, 2021.

Attorney(s) appearing for the Case

Stephen G. Console , Brian C. Farrell (Argued), Laura C. Mattiacci , Susan M. Saint-Antoine , Console Mattiacci Law, 1525 Locust Street, 9th Floor, Philadelphia, PA 19102, Counsel for Appellant.

Kenneth Gage (Argued), Davis M. Woodruff , Paul Hastings, 200 Park Avenue, 30th Floor, New York, NY 10166, Counsel for Appellee.

Sydney A. R. Foster , Jennifer S. Goldstein , Sharon F. Gustafson , Jeremy D. Horowitz (Argued), Equal Employment Opportunity Commission, 5th Floor, 131 M Street, N.E., Washington, DC 20507, Counsel for Amicus Appellant United States Equal Employment Opportunity Commission.

Before: SMITH, Chief Judge, McKEE and AMBRO, Circuit Judges.

OPINION OF THE COURT

Kathleen Fowler, a thirty-year veteran of AT & T and an epileptic breast cancer survivor, sued her former employer for age and disability discrimination. She claims that AT & T discriminated against her twice. First, it placed her on "surplus status" in January 2016, effectively giving...

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