No. 18-882
Noris Babb v. Robert Wilkie, Secretary of Veterans Affairs
Tags: but-for-causation causation civil-rights discrimination federal-employment federal-employment-discrimination personnel-actions retaliation statutory-interpretation title-vii
Key Terms:
Arbitration SocialSecurity ERISA Securities EmploymentDiscrimina
Arbitration SocialSecurity ERISA Securities EmploymentDiscrimina
Latest Conference:
2019-06-27
(distributed 2 times)
Question Presented (AI Summary)
Whether federal-sector personnel actions that are not made free from any discrimination or retaliation are permitted, as long as discrimination or retaliation is not the but-for cause of the personnel action, or whether such personnel actions are prohibited where discrimination and retaliation is a factor
Question Presented (OCR Extract)
question presented is: Whether “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. A subsidiary question is whether Title VII bans retaliation in federal employment. i PARTIES The petitioner is Noris Babb. The respondent is the Secretary, Department of Veterans Affairs. ii
Docket Entries
2020-05-08
JUDGMENT ISSUED.
2020-04-06
Judgment REVERSED and case REMANDED. Alito, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/19pdf/18-882_3ebh.pdf'>opinion</a> of the Court,, in which Roberts, C. J., and Breyer, Sotomayor, Kagan, Gorsuch, and Kavanaugh, JJ., joined, and in which Ginsburg, J., joined as to all but footnote 3. Sotomayor, J., filed a concurring opinion, in which Ginsburg, J., joined. Thomas, J., filed a dissenting opinion.
2020-01-23
Supplemental letter brief of respondent Robert Wilkie, Secretary of Veterans Affairs filed. (Distributed)
2020-01-23
Supplemental letter brief of petitioner Noris Babb filed. (Distributed)
2020-01-17
The parties are directed to file supplemental letter briefs addressing the following question: What prospective administrative or judicial relief may a federal employee obtain under laws other than the ADEA, including under the civil service laws or the Constitution, against age-related policies, practices, actions, or statements that were not the but-for cause of an adverse employment action against the complaining employee? The briefs, not to exceed 10 pages, are to be filed simultaneously with the Clerk and served upon opposing counsel on or before 2 p.m., Thursday, January 23, 2020.
2020-01-15
Argued. For petitioner: Roman Martinez, Washington, D. C. For respondent: Noel J. Francisco, Solicitor General, Department of Justice, Washington, D. C.
2019-12-23
Reply of petitioner Noris Babb filed. (Distributed)
2019-12-03
Record requested from the U.S.C.A. 11th Circuit.
2019-11-26
CIRCULATED
2019-11-22
Brief of respondent Robert Wilkie, Secretary of Veterans Affairs filed.
2019-11-08
SET FOR ARGUMENT on Wednesday, January 15, 2020.
2019-09-24
Brief amici curiae of AARP, et al. filed.
2019-09-24
Brief amicus curiae of National Treasury Employees Union filed.
2019-09-17
Brief of petitioner Noris Babb filed.
2019-09-17
Blanket Consent filed by Petitioner, Noris Babb.
2019-09-17
Joint appendix filed. (Statement of costs filed)
2019-07-19
Joint motion for an extension of time within which to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 17, 2019. The time to file respondents' briefs on the merits is extended to and including November 22, 2019.
2019-07-19
Joint motion for an extension of time within which to file the briefs on the merits filed.
2019-06-28
Petition GRANTED limited to the following question: Whether the federal-sector provision of the Age Discrimination in Employment Act of 1967, which provides that personnel actions affecting agency employees aged 40 years or older shall be made free from any “discrimination based on age,” 29 U. S. C. §633a(a), requires a plaintiff to prove that age was a but-for cause of the challenged personnel action.
2019-06-26
DISTRIBUTED for Conference of 6/27/2019.
2019-06-04
DISTRIBUTED for Conference of 6/20/2019.
2019-06-03
Reply of petitioner Noris Babb filed.
2019-05-20
Brief of respondent Robert Wilkie, Secretary of Veterans Affairs filed.
2019-04-05
Motion to extend the time to file a response is granted and the time is further extended to and including May 20, 2019.
2019-04-04
Motion to extend the time to file a response from April 10, 2019 to May 20, 2019, submitted to The Clerk.
2019-03-05
Motion to extend the time to file a response is granted and the time is further extended to and including April 10, 2019.
2019-03-04
Motion to extend the time to file a response from March 11, 2019 to April 10, 2019, submitted to The Clerk.
2019-01-31
Motion to extend the time to file a response is granted and the time is extended to and including March 11, 2019.
2019-01-30
Motion to extend the time to file a response from February 8, 2019 to March 11, 2019, submitted to The Clerk.
2019-01-07
Petition for a writ of certiorari filed. (Response due February 8, 2019)
Attorneys
AARP et al.
Daniel Benjamin Kohrman — AARP FOUNDATION, Amicus
Daniel Benjamin Kohrman — AARP FOUNDATION, Amicus
National Treasury Employees Union
Noris Babb
Roman Martinez V — Latham & Watkins, LLP, Petitioner
Roman Martinez V — Latham & Watkins, LLP, Petitioner
Joseph D Magri — Merkle & Magri, PA, Petitioner
Joseph D Magri — Merkle & Magri, PA, Petitioner
Robert Wilkie, Secretary of Veterans Affairs
Noel J. Francisco — Solicitor General, Respondent
Noel J. Francisco — Solicitor General, Respondent