Legal Alert: Supreme Court Finds that Federal Employees Can Bring Age-Based Retaliation Claims


The U.S. Supreme Court recently held, in a 6-3 decision, that the federal provision of the Age Discrimination in Employment Act (ADEA) prohibits retaliation, even though the language of the statute does not specifically address retaliation. See Gomez-Perez v. Potter (U.S. May 28, 2008). The federal-sector provision of the ADEA provides that

?[a]ll personnel actions affecting employees or applicants for employment who are at least 40 years of age . . . shall be made free from any discrimination based on age.?

The key question for the Court in this case was whether the statutory phrase ?discrimination based on age? includes retaliation based on the filing of an age discrimination complaint. The Court held that it does.

See full alert for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:


FordHarrison on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.