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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 under the Age Discrimination in Employment Act (“ ... 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 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 to pursue disparate impact claims, rather it applies only to employees. This motion was denied by Judge Jon S. Tigar on February 17, 2017, with the Court concluded 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 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.

As of October 12, 2017, the parties remain engaged in discovery. The deadline for the motion for conditional certification of the ADEA collective class remains vacated. The next telephonic case management conference is scheduled for November 17, 2017.

Cade Boland - 10/12/2017


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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.
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 Pending
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Case Ongoing Yes
Additional Resources
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  Microsoft Gender Discrimination Class Action Lawsuit
Date: Oct. 14, 2016
By: Outten & Golden
[ Detail ] [ External Link ]

  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 ]

  Smith Barney Gender Discrimination
https://www.lieffcabraser.com/employment/smith-barney/
Date: August 2008
By: Outten & Golden
[ Detail ] [ External Link ]

  Megacases, Diversity, and the Elusive Goal of Workplace Reform
Date: Mar. 1, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
Date: Apr. 1, 2001
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
3:16-cv-02276-JST (N.D. Cal.)
EE-CA-0360-9000.pdf | Detail
Date: 09/20/2017
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]
Judges Tigar, Jon Steven (State Trial Court, N.D. Cal.)
EE-CA-0360-0001 | EE-CA-0360-0004 | EE-CA-0360-9000
Plaintiff's Lawyers Bansal, Lucy Brierly (District of Columbia)
EE-CA-0360-9000
Eiland, Katrina L. (California)
EE-CA-0360-0002 | EE-CA-0360-0003 | EE-CA-0360-9000
Klein, Adam T. (New York)
EE-CA-0360-0002 | EE-CA-0360-0003 | EE-CA-0360-9000
Kohrman, Daniel Benjamin (District of Columbia)
EE-CA-0360-0002 | EE-CA-0360-0003 | EE-CA-0360-9000
Liu, Jennifer Lin (California)
EE-CA-0360-0002 | EE-CA-0360-0003 | EE-CA-0360-9000
McCann, Laurie A. (District of Columbia)
EE-CA-0360-0002 | EE-CA-0360-0003 | EE-CA-0360-9000
Rabinovich, Julia (California)
EE-CA-0360-0002 | EE-CA-0360-0003 | EE-CA-0360-9000
Sagafi, Jahan C (California)
EE-CA-0360-0002 | EE-CA-0360-0003 | EE-CA-0360-9000
Schrum−Herrera, Cristina (California)
EE-CA-0360-9000
Smith, Dara Swartz (District of Columbia)
EE-CA-0360-0002 | EE-CA-0360-0003 | EE-CA-0360-9000
Stewart, Melissa Lardo (New York)
EE-CA-0360-9000
Stromberg, Daniel (New York)
EE-CA-0360-9000
Defendant's Lawyers Balassa, Gabor (Illinois)
EE-CA-0360-9000
Briesacher, Christina Lynn (Illinois)
EE-CA-0360-9000
Esser, Michael Phillip (California)
EE-CA-0360-9000
Nicklin, Emily (Illinois)
EE-CA-0360-9000
Premo−Hopkins, Mark William (Illinois)
EE-CA-0360-9000
Rabinovitz, Joshua Z (Illinois)
EE-CA-0360-9000

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