The US Supreme Court heard oral arguments in Babb v. Wilkie on Wednesday, a case regarding age discrimination in the workplace.
The petitioner Babb alleges that she was discriminated against because of her age, and the Supreme Court must decide if federal employees must prove that age was the “but-for” cause of firing.
The attorney arguing the case for Babb said that she should be entitled to some relief even if it is not in the form of back pay. He stated that training would be a good remedy in cases where but-for causation was not definitive. Chief Justice John Roberts pressed him on the fine points of “free from discrimination,” questioning if the usage of the phrase “Okay, Boomer” by a hiring party younger than the prospective employee was enough to say there was discrimination. The attorney was hesitant to say so, only stating that the process itself should be as free from discrimination as possible.
If Babb wins the case that would mean federal employees will be held to the same standard as non-federal employees when it comes to age discrimination in the workplace.