Case: 18-882 Babb v. Wilkie (2020-JAN-15)

Published: Jan. 18, 2020, 4:59 p.m.

b'QUESTION PRESENTED:\\nFederal employees\' rights are determined under statutes which require that "all personnel actions effecting employees or applicants for employment ... in executive agencies as defined in Title 5 ... shall be made free from any discrimination ... " See 42 U.S.C.\\xa7 2000e-16(a) (race, color, religion, sex, or national origin) (emphasis added); 29 U.S.C. \\xa7 633a(a) (age). This Court, in University of Texas Southwestern Medical Center v. Nassar, 570 U.S. 338 (2013) and Gross v. FBL Financial Services, Inc., 557 U.S. 167 (2009), interpreted the private-sector statutory language "because" in 42 U.S.C. \\xa7 2000e-3(a), and \'\'because of\' in 29 U.S.C. \\xa7 623(a)(1), respectively, as requiring a private-sector plaintiff to prove but-for causation.\\nThe question presented is:\\nWhether "shall be made free from any discrimination" permits federal-sector personnel actions that are not made free from any discrimination or retaliation, as long as discrimination or retaliation is not the but-for cause of the personnel action, or rather prohibits personnel actions where discrimination and retaliation is a factor.\\xa0\\nA subsidiary question is whether Title VII bans retaliation in federal employment.\\n\\n\\n\\n--- \\n\\nSupport this podcast: https://anchor.fm/scotus/support'