Babb v. Wilkie

Decision Date28 June 2019
Docket NumberNo. 18–882.,18–882.
Citation204 L.Ed.2d 1156,139 S.Ct. 2775 (Mem)
Parties Noris BABB, petitioner, v. Robert WILKIE, Secretary of Veterans Affairs.
CourtU.S. Supreme Court

Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit 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.

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4 cases
  • Babb v. Wilkie
    • United States
    • U.S. Supreme Court
    • April 6, 2020
    ...287 (2018) (citing Trask v. Secretary, Dept. of Veterans Affairs , 822 F.3d 1179 (CA11 2016) ).We granted certiorari, 588 U.S. ––––, 139 S.Ct. 2775, 204 L.Ed.2d 1156 (2019), to resolve a Circuit split over the interpretation of § 633a(a).IIThat provision of the ADEA states in relevant part:......
  • Babb v. Sec'y, Dep't of Veterans Affairs, 16-16492
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • April 1, 2021
    ...provision of the ADEA required Babb to prove that age was a but-for cause of a challenged personnel action. Babb v. Wilkie , ––– U.S. ––––, 139 S. Ct. 2775, 204 L.Ed.2d 1156 (2019) (mem.).The Court answered that question "no." Babb , 140 S. Ct. at 1178. "The plain meaning of the statutory t......
  • Tonkyro v. Sec'y, Dep't of Veterans Affairs
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • April 20, 2021
    ...Babb's federal-sector ADEA claim. Id. at 287–88.The Supreme Court then granted cert on the ADEA issue only. Babb v. Wilkie , ––– U.S. ––––, 139 S. Ct. 2775, 204 L. Ed. 2d 1156 (2019). The question before the Court was:Whether the federal-sector provision of the Age Discrimination in Employm......
  • Sly v. Sec'y, Dep't of Veterans Affairs
    • United States
    • U.S. District Court — Middle District of Florida
    • April 22, 2022
    ... ...          Four ... days after the Eleventh Circuit decided Monaghan, the Supreme ... Court issued Babb v. Wilkie, 140 S.Ct. 1168, 206 L.Ed.2d 432 ... (2020) (hereafter ... referred to as Babb I ). Babb I was an ... appeal from an ... ...

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