Supreme Court: Is ‘OK, boomer’ comment enough to show age discrimination?

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The U.S. Supreme Court this week heard oral arguments in a case that will determine whether the federal government should have a lower standard of proof in Age Discrimination in Employment Act cases than the private sector and state and local governments.

Specifically, the issue in Babb v. Department of Veterans Affairs is whether a federal employee has to prove that age was a “but-for” cause in the agency’s personnel action—meaning the ultimate decision would not have been made without considering age—or whether age was simply one of the factors in the decision.

Employee representative Roman Martinez argued that the statutory

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