US Supreme Court Hears Case of Retaliation For Age Discrimination Complaint

[Omaha Steve]

http://www.laborradio.org/node/7952

Does the federal age discrimination law protect workers from not only bias, but also retaliation after an accusation has been filed? The Supreme Court heard arguments concerning that question on Tuesday. Jesse Russell reports:

The age discrimination case stems from a discrimination complaint filed by a postal worker, claiming that she had been retaliated against after filing an age discrimination complaint under the Equal Employment Opportunity laws. According to the postal worker, she was not allowed to return to work after filing the discrimination claim and her supervisor hired a younger, less experienced postal worker to take her place. The U.S Court of Appeals for the First Circuit ruled that the worker could not file for retaliation, but the U.S. Circuit Court of Appeals for the D.C. Circuit ruled that she could. During Tuesday’s hearing, Justice Antonin Scalia said the "plain language" of the age discrimination law doesn’t cover retaliation. On the other hand, Justice Ruth Bader Ginsberg said retaliation "goes hand in hand with discrimination." Today the Justices will hear a case involving a Cracker Barrel assistant manager who alleges that he was fired after making complaints of racial prejudice.

[Joanne98]

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