Babb v. Wilkie

Summary

The Court, in an opinion by Justice Alito, held that the ADEA’s federal-sector provision prohibits age discrimination in making personnel decisions even when age is not a but-for cause of the ultimate employment outcome. But-for causation of the outcome is nevertheless necessary for reinstatement, backpay, compensatory damages, and other relief tied to that outcome; other relief may remain available without that showing. The Court reversed the Eleventh Circuit and remanded. Chief Justice Roberts and Justices Breyer, Sotomayor, Kagan, Gorsuch, and Kavanaugh joined the opinion in full; Justice Ginsburg joined except for footnote 3. Justice Sotomayor, joined by Justice Ginsburg, emphasized that discriminatory processes may support liability and that expenses caused by nondispositive discrimination may be compensable. Justice Thomas dissented alone, arguing that the statute does not clearly displace the default requirement of but-for causation and criticizing the majority’s remedial framework and its practical consequences.