On April 6, 2020, the Supreme Court issued its decision in Babb v. Wilkie, Secretary of Veterans Affairs, which addresses the burdens of proof and available remedies for federal government applicants and employees that allege an agency subjected them to age discrimination. The Court ruled that to prevail on a claim of age discrimination, an applicant or employee does not need to show that his or her age is a “but-for” cause for the agency taking the action at issue. Rather, a federal applicant or employee need only show that his or her age was an adverse consideration in the agency’s decision-making process. However, to obtain anything other than injunctive or forward-facing relief, such as reinstatement to a position or compensatory damages, the federal applicant or employee does need to show that his or her age was the but-for cause for the agency’s discriminatory decision.

If you are a federal government applicant or employee who believes you have been subjected to discrimination, The Wick Law Office can help.