Last Friday, an Age Discrimination in Employment Act (ADEA) plaintiff seeking to represent a class of AT&T workers impacted by the copmany's purported policy of replacing older workers with younger ones, fought the wireless carrier's partial motion to dismiss. The opposition says that dismissal is premature in view of the affirmative defenses AT&T has raised and otherwise unwarranted.
In 2020, AT&T moved to compel arbitration in the Philadelphia, Penn case. Interpreting multiple contracts, the district court, and subsequently the Third Circuit, decided which was the applicable employment agreement. AT&T lost the argument, thereby depriving the company of its right to push for arbitration on a contractual basis.