Gomez-Perez v. Potter

Summary

Justice Alito’s opinion for the Court held that the ADEA’s federal-sector prohibition of discrimination based on age authorizes claims of retaliation for complaining about age discrimination. Following Sullivan and Jackson, the Court concluded that the provision’s broad language encompasses retaliation despite the absence of an express antiretaliation provision. It also held that sovereign immunity does not bar such claims. The Court reversed the First Circuit and remanded. Chief Justice Roberts dissented, joined by Justices Scalia and Thomas except as to Part I, reasoning that the statutory structure and existing civil-service remedies demonstrate that Congress did not create a judicial retaliation remedy for federal employees. Justice Thomas separately dissented, joined by Justice Scalia, maintaining that retaliation and status-based discrimination are distinct and that Jackson was incorrectly decided.