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Case Name Rabin v. PricewaterhouseCoopers LLP EE-CA-0360
Docket / Court 3:16-cv-02276-JST ( N.D. Cal. )
State/Territory California
Case Type(s) Equal Employment
Attorney Organization Outten & Golden
Case Summary
On April 27, 2016, the plaintiff, a certified public accountant over the age of forty, filed this class and collective action lawsuit in the U.S. District Court for the Northern District of California. The plaintiff sued PricewaterhouseCoopers LLP (PwC) under the Age Discrimination in Employment ... read more >
On April 27, 2016, the plaintiff, a certified public accountant over the age of forty, filed this class and collective action lawsuit in the U.S. District Court for the Northern District of California. The plaintiff sued PricewaterhouseCoopers LLP (PwC) under the Age Discrimination in Employment Act (“ADEA”) and California state law. The plaintiff, represented by Outten & Golden LLP, the AARP Foundation, and the Liu Law Firm, sought injunctive and monetary relief, claiming the defendant had wrongfully discriminated against people of the age of forty and older in their hiring practices. Specifically, the plaintiff alleged that the defendant willfully utilized a biased recruiting system for entry-level positions that excluded and deterred workers ages forty and over, willfully implemented a mandatory early retirement policy that deterred and discriminated against applicants ages forty and over, and refused to hire applicants ages forty and over for the covered positions of the lawsuit.

On December 1, 2016, defendant moved for judgment on the pleadings on the grounds that the ADEA does not permit job applicants, but only employees, to pursue disparate impact claims. This motion was denied by Judge Jon S. Tigar on February 17, 2017, with the Court concluding that the ADEA does allow for job applicants to bring disparate impact claims. 236 F. Supp. 3d 1126.

On March 8, 2017, the defendant moved for certification under 28 U.S.C. §1296(b), asking for an interlocutory appeal regarding the extension of the ADEA to job applications. This motion was denied by the Court on April 17, 2017, on the grounds that the defendant did not satisfy the three conditions of 28 U.S.C. §1296(b) that would allow for an interlocutory appeal. The defendant succeeded in satisfying the condition that there was a difference of opinion between this court and the Eleventh Circuit but did not satisfy the condition that the subject of the interlocutory motion was on a controlling question of law or the condition that the appeal may have materially advanced the litigation.

On December 21, 2017, the plaintiff moved to certify a class of older applicants for employment at PwC and a hearing on the motion was held on February 27, 2018. On July 26, 2018, Judge Tigar denied the class certification and concluded that the plaintiff was “not substantially similar either to unqualified applicants or to deterred applicants, both of which categories are party of the larger collective action they seek to certify.” 2018 WL 3585143.

On August 27, 2018, the plaintiff filed under seal a renewed motion for class certification and a hearing was held on December 20, 2018. The case is ongoing.

Cade Boland - 10/12/2017
Sichun Liu - 03/21/2019


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Issues and Causes of Action
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Issues
Discrimination-area
Discharge / Constructive Discharge / Layoff
Hiring
Discrimination-basis
Age discrimination
EEOC-centric
Direct Suit on Merits
Plaintiff Type
Private Plaintiff
Causes of Action Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621 et seq.
State law
Defendant(s) PricewaterhouseCoopers LLP
Plaintiff Description All applicants and deterred prospective applicants age 40 and over for the covered positions of the complaint from the period of October 18, 2013 through resolution of the claim.
Indexed Lawyer Organizations Outten & Golden
Class action status sought Yes
Class action status granted No
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Filing Year 2016
Case Ongoing Yes
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
  Age Discrimination Class Action seeks Fair Employment for Older PwC Applicants
http://www.pwcagecase.com/
Date: Apr. 27, 2016
By: Outten & Golden
[ Detail ] [ External Link ]

Docket(s)
3:16-cv-02276-JST (N.D. Cal.)
EE-CA-0360-9000.pdf | Detail
Date: 03/19/2019
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Violations of ADEA and State Law [ECF# 1]
EE-CA-0360-0002.pdf | Detail
Date: 04/27/2016
Source: PACER [Public Access to Court Electronic Records]
First Amended Complaint for Violations of ADEA and State Laws [ECF# 42]
EE-CA-0360-0003.pdf | Detail
Date: 09/08/2016
Source: PACER [Public Access to Court Electronic Records]
Order Denying Defendant's Motion for Judgment on the Pleadings [ECF# 74] (236 F.Supp.3d 1126) (N.D. Cal.)
EE-CA-0360-0001.pdf | WESTLAW| LEXIS | Detail
Date: 02/17/2017
Source: PACER [Public Access to Court Electronic Records]
Order Denying Motion For Certification [ECF# 103] (N.D. Cal.)
EE-CA-0360-0004.pdf | Detail
Date: 04/17/2017
Source: PACER [Public Access to Court Electronic Records]
Order Denying Collective Certification [ECF# 236] (2018 WL 3585143) (N.D. Cal.)
EE-CA-0360-0005.pdf | WESTLAW | Detail
Date: 07/26/2018
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Kim, Sallie Court not on record [Magistrate] show/hide docs
EE-CA-0360-9000
Tigar, Jon Steven (State Trial Court, N.D. Cal.) show/hide docs
EE-CA-0360-0001 | EE-CA-0360-0004 | EE-CA-0360-0005 | EE-CA-0360-9000
Plaintiff's Lawyers Bansal, Lucy Brierly (District of Columbia) show/hide docs
EE-CA-0360-9000
Eiland, Katrina L. (California) show/hide docs
EE-CA-0360-0002 | EE-CA-0360-0003 | EE-CA-0360-9000
Klein, Adam T. (New York) show/hide docs
EE-CA-0360-0002 | EE-CA-0360-0003 | EE-CA-0360-9000
Kohrman, Daniel Benjamin (District of Columbia) show/hide docs
EE-CA-0360-0002 | EE-CA-0360-0003 | EE-CA-0360-9000
Liu, Jennifer Lin (California) show/hide docs
EE-CA-0360-0002 | EE-CA-0360-0003 | EE-CA-0360-9000
Mattes, Laura Iris (California) show/hide docs
EE-CA-0360-9000
McCann, Laurie A. (District of Columbia) show/hide docs
EE-CA-0360-0002 | EE-CA-0360-0003 | EE-CA-0360-9000
Rabinovich, Julia (California) show/hide docs
EE-CA-0360-0002 | EE-CA-0360-0003 | EE-CA-0360-9000
Sagafi, Jahan C (California) show/hide docs
EE-CA-0360-0002 | EE-CA-0360-0003 | EE-CA-0360-9000
Schrum−Herrera, Cristina (California) show/hide docs
EE-CA-0360-9000
Smith, Dara Swartz (District of Columbia) show/hide docs
EE-CA-0360-0002 | EE-CA-0360-0003 | EE-CA-0360-9000
Stewart, Melissa Lardo (New York) show/hide docs
EE-CA-0360-9000
Stromberg, Daniel (New York) show/hide docs
EE-CA-0360-9000
Defendant's Lawyers Balassa, Gabor (Illinois) show/hide docs
EE-CA-0360-9000
Briesacher, Christina Lynn (Illinois) show/hide docs
EE-CA-0360-9000
Esser, Michael Phillip (California) show/hide docs
EE-CA-0360-9000
Nicklin, Emily (Illinois) show/hide docs
EE-CA-0360-9000
Premo−Hopkins, Mark William (Illinois) show/hide docs
EE-CA-0360-9000
Rabinovitz, Joshua Z (Illinois) show/hide docs
EE-CA-0360-9000

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