SCOTUS: Was Age a Factor? Federal Employees May Recover with Less Than But-For Showing
On April 6, 2020, the U.S. Supreme Court ruled in Babb v. Wilkie that a federal worker aged 40 and older only needs to show age discrimination was a consideration in a unfavorable employment-related decision to seek relief against the federal government. The Court’s decision does not apply to private, state, and local government employees, but there are key takeaways for all employers.