Supreme Court of the United States

Noris Babb v. Robert Wilkie

April 6, 2020140 S. Ct. 1168

Summary

Justice Thomas dissents, arguing that the majority’s adoption of an “any consideration” causation standard for the federal‑sector provision of the Age Discrimination in Employment Act is erroneous. He maintains that the default but‑for causation rule should apply because the statute’s text does not clearly displace it. The dissent warns that the new rule would disrupt federal employment practices and create litigation hazards.