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Retaliation Lawsuits Held Applicable for Federal Employees Under the Age Discrimination in Employment Act: A Victory for Older Federal Workers

The Supreme Court's Decision in Gomez-Perez v. Potter, Postmaster General

Troy University, cmitchell19705{at}troy.edu

In a decision having much to do with what is implied in the Age Discrimination in Employment Act (ADEA) but not explicitly stated, the Supreme Court ruled that federal sector employees are not precluded from filing retaliation lawsuits under the ADEA. Relying on precedent decisions as well as established legislative intent, the Supreme Court rejected several arguments of the government in what the Court considered a narrow interpretation of the federal sector provision of the ADEA statute at §633a. The ruling affirmed that federal sector employees have the same protection as do private sector employees in all aspects of the ADEA statute.

Key Words: retaliation • Age Discrimination in Employment Act • discrimination • federal sector • sovereign immunity

This version was published on March 1, 2009

Review of Public Personnel Administration, Vol. 29, No. 1, 89-94 (2009)
DOI: 10.1177/0734371X08327091


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