Burden of proof eased for federal employees claiming age discrimination

In a case involving the Veterans Medical Center in Bay Pines, Florida, an 8-1 majority of the U.S. Supreme Court has issued a decision that makes it easier for federal employees to prove age discrimination. The high court ruled the federal-sector provision of the Age Discrimination in Employment Act (ADEA), which differs from the private-sector provision, should be weighed under a different standard.

The federal employee prohibition on age discrimination provides that personnel actions affecting federal employees aged 40 years or older must be made free from any discrimination based on age. The high court ruled the language means that, for federal employees, age cannot be a motivating reason for any pesonnel action. An employee doesn’t need to show age was a “but-for” cause of the challenged personnel action. Instead, just showing age was a “factor” in the decision is enough to prove discrimination.

What does it take to prove age discrimination?

The ADEA provision covering discrimination claims against private-sector employers and state and local governments provides “it shall be unlawful for an employer to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s age” (emphasis added). Based on the precise language in the law, the Supreme Court ruled years ago that a “but-for” causation must be shown by private-sector employees to survive dismissal of their claims.