Business is 'OK, Boomer'ing

Age discrimination cases don't normally make front-page news. That changed in January when Chief Justice John Roberts used the viral phrase "OK, Boomer" during oral arguments before the U.S. Supreme Court in Babb v. Wilkie. The case involves the standard of proof for age discrimination cases pursued under the Age Discrimination in Employment Act's (ADEA) federal-sector provision.

The phrase "OK, Boomer" gained popularity on social media platforms throughout 2019 and was even a Jeopardy! response in the Greatest of All Time tournament. It's a retort Millennials and Gen Zers are using to dismiss Baby Boomers (people born between 1944 and 1964).

What's the case?

The case that provoked Justice Roberts' response involves Noris Babb, a pharmacist at a U.S. Department of Veterans Affairs (VA) medical center who filed a complaint alleging the VA engaged in discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964 and the ADEA. Babb cited several instances in which she was denied raises and promotions in favor of younger men and women and older men.

Typically, an employee attempting to prove age discrimination must show that her age (or another protected characteristic such as race, color, religion, sex, or national origin) was the "but-for" cause of the employer's hiring decision. Put simply, an employee must prove that if everything in the situation was the same but for her age, she would have been treated the same as younger employees.