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...
elleng
(130,895 posts)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."'
The Velveteen Ocelot
(115,683 posts)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.
alp227
(32,020 posts)I can't quite decide who's the worse person he inflicted on America, Dim Son or the anti-Thurgood Marshall.
MurrayDelph
(5,294 posts)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.
DeminPennswoods
(15,286 posts)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.
hlthe2b
(102,239 posts)correct thing. Thomas is and always has been beyond amoral.