[20200325]LSB10431_Babb诉Wilkie案：《就业法》中的年龄歧视与混合动机.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Babb v. Wilkie: The Age Discrimination in Employment Act and Mixed Motives March 25, 2020 Can a federal employee claim age discrimination whenever age bias is one factor in an employment decision, or must she show that the employer would have made a different decision but for her age? The Supreme Court is to take up this question in Babb v. Wilkie as the latest turn in a decades-long legal debate on what qualifies as “discrimination” “because of” or “based on” an impermissible motive. A Supreme Court decision will likely resolve a circuit-court spit on the meaning of the Age Discrimination in Employment Act (ADEA), and a Court ruling could affect courts application of other, similarly worded antidiscrimination laws. This Sidebar discusses motive requirements in antidiscrimination cases, summarizes the litigation in Babb, and presents key considerations for Congress. The ADEA, “Mixed-Motives” Discrimination, “But-for” Discrimination, and Federal Workers Several federal statutes prohibit various forms of discrimination in the employment context. The most comprehensive of these, Title VII o