Frappied v. Affinity Gaming Black Hawk, LLC, 966 F.3d 1038 (July 21, 2020)

In this discrimination case, the plaintiffs asserted disparate impact and disparate treatment claims under Title VII and the Age Discrimination in Employment Act.  The Tenth Circuit affirmed dismissal of the Title VII disparate treatment claim but reversed dismissal of the Title VII and ADEA disparate impact claims and summary judgment in the defendant’s favor on the ADEA disparate treatment claim.  In doing so, the Court held, as a matter of first impression, that a sex-plus-age claim is cognizable under Title VII.