Babb v. Wilkie, 589 U.S. ___ (2020), is a case of the United States Supreme Court in which the justices considered the scope of protections for federal employees in the Age Discrimination in Employment Act of 1967.
[2][3] This case is notable due to the significant impact the ruling can have on age discrimination complaints made by federal workers in the United States.
The case also received some coverage due to a reference to the popular meme OK boomer by Chief Justice John Roberts during the oral arguments.
This framework, known as the McDonnell Douglas burden-shifting analysis, is now used by federal courts to interpret employment discrimination claims where no direct evidence of discriminatory intent can be found.
Noris Babb is a clinical pharmacist who started working for the United States Department of Veterans Affairs (VA) at the CW Young Medical Center in Bay Pines, Florida in 2004.
In 2010, the VA created the Patient Aligned Care Team (PACT) system; among other effects, this initiative allowed pharmacists who practiced DSM (including Babb) to receive a promotion.
In 2014, she filed a federal lawsuit against the VA, alleging that management at the medical center discriminated against her based on gender and age and also retaliated against her for protected EEOC-related activity.
[2] In July 2018, the 11th Circuit affirmed the district court's summary judgment on the ADEA, retaliation, and hostile work environment claims.
Arguing for the government, Francisco countered that the VA's interpretation of the statute would harmonize the rules for both public- and private-sector employees (imposing the 'but for' standard uniformly on all categories).
On January 17, 2020, the Supreme Court directed both parties to file supplemental briefs on what other judicial or administrative remedies would be available (other than the ADEA) to plaintiffs like Babb.