Frappied v. Affinity Gaming Black Hawk, No. 19-1063 (10th Cir. 2020)Annotate this Case
Plaintiffs alleged 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”). The district court dismissed (1) the Title VII disparate impact claim, (2) the Title VII disparate treatment claim, and (3) the ADEA disparate impact claim. It granted summary judgment in favor of Affinity on the ADEA disparate treatment claim. After review, the Tenth Circuit affirmed dismissal of the Title VII disparate treatment claim. With respect to the other claims, the Court reversed and remanded to the district court, finding that when the evidence was construed in the light most favorable to plaintiffs, it sufficed to create a genuine issue of material facts with respect to the other allegations.