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Tue Apr 7, 2020, 12:44 AM

Supreme Court Hands Federal Worker Major Win In Age Discrimination Case

Source: NPR

The U.S. Supreme Court sided with older federal workers on Monday, making it easier for those over 40 to sue for age discrimination.

The 8-to-1 ruling rejected a Trump administration position that sought to dramatically limit the legal recourse available to federal workers.

Justice Samuel Alito, writing for the majority, noted that federal law "demands that personnel actions be untainted by any consideration of age." So if age were a factor here as alleged, the process was not free from discrimination. But, he said, the relief available to individuals who have been discriminated against may be different, depending on the circumstances. If age discrimination was one of the factors during the process, but not the only factor, then employees may not be entitled to damages and back pay, but they are entitled to prospective relief, like eligibility for a promotional exam, or for a job promotion.

The case was brought by Noris Babb, a clinical pharmacist who worked for the Veterans Affairs Medical Center in Bay Pines, Fla., for 16 years. In that time, she qualified to practice disease management, saw patients and prescribed medication without consulting a physician. And she had received consistently high marks for performance, according to her lawyers.

Read more: https://www.npr.org/2020/04/06/828052688/supreme-court-hands-federal-worker-partial-win-in-age-discrimination-case



Guess the one dissenting justice...

...Roberts signed on to the Alito opinion, as did every other justice except Clarence Thomas. He dissented, contending that the statute only allows suits by those who can prove discrimination is the sole reason they lost out on a job, a promotion, or other benefit.

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Reply Supreme Court Hands Federal Worker Major Win In Age Discrimination Case (Original post)
alp227 Apr 7 OP
elleng Apr 7 #1
The Velveteen Ocelot Apr 7 #2
alp227 Apr 7 #3
MurrayDelph Apr 7 #6
DeminPennswoods Apr 7 #4
hlthe2b Apr 7 #5

Response to alp227 (Original post)

Tue Apr 7, 2020, 12:49 AM

1. *federal law "demands that personnel actions be untainted by any consideration of age."

So if age were a factor here as alleged, the process was not free from discrimination. But, he said, the relief available to individuals who have been discriminated against may be different, depending on the circumstances. If age discrimination was one of the factors during the process, but not the only factor, then employees may not be entitled to damages and back pay, but they are entitled to prospective relief, like eligibility for a promotional exam, or for a job promotion. . .

The justices said federal law clearly gives federal workers protection from any discrimination based on age. The court said Congress had deliberately given federal workers more protection than workers in the private sector or workers in state and local governments.

"That Congress wanted to hold the Federal Government to a high standard than state and private employers is not unusual," wrote Justice Alito. The federal government has long adhered to expansive anti-discrimination policies, he observed, adding, that "it is the policy of the Government of the United States ... to promote the full realization of equal employment opportunity through an affirmative program."'

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Response to alp227 (Original post)

Tue Apr 7, 2020, 12:50 AM

2. I've always said Thomas is the worst of the bunch, at least since Rehnquist retired.

We've been complaining about Gorsuch and Kavanaugh, and with good reason, but Thomas is the most extreme right-winger on the Court and has been for years.

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Response to The Velveteen Ocelot (Reply #2)

Tue Apr 7, 2020, 02:20 AM

3. So much for HW Bush being a "decent man"

I can't quite decide who's the worse person he inflicted on America, Dim Son or the anti-Thurgood Marshall.

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Response to The Velveteen Ocelot (Reply #2)

Tue Apr 7, 2020, 11:45 AM

6. Thomas has benefited from Affirmative Action all his life

But fights against others getting the same help and protections he was given so he can pretend he not where he is solely on merit.

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Response to alp227 (Original post)

Tue Apr 7, 2020, 05:52 AM

4. Happy for this ruling,

but my experience has been that federal civil service supervisors and managers always give their subordinates a plausible reason for whatever happened, but never admit the real reason because it might be considered discriminatory. That, imho, is what will happen here. Supervisors and managers will just find a legal justification for preferring younger employees over older ones.

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Response to alp227 (Original post)

Tue Apr 7, 2020, 06:23 AM

5. I can only guess it is the increasing age of these conservative justices that made them do the

correct thing. Thomas is and always has been beyond amoral.

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