Monday, April 6, 2020
This morning, the Supreme Court issued its opinion in Babb v. Wilkie. The Court held that a plaintiff proceeding on a federal sector ADEA claim is not required to prove "but for" cause. If age was any part of the process, the government has violated the ADEA. However, remedies may be limited in cases where age was part of the process, but did not have a significant causal role in an employment outcome.