ADEA Retaliation Claims May Be Brought Against Federal Employers
In Whitman v. Mineta, 9th Cir. 05-36231 (09/02/08), the Ninth Circuit Court of Appeals reversed the district court and held that the Age Discrimination in Employment Act ("ADEA") provides a cause of action for retaliation against federal employers. The Court of Appeals relied on the U.S. Supreme Court's opinion in Gomez-Perez v. Potter, 128 S.Ct. 1931 (2008), to make its determination. In support of his retaliation claim, Plaintiff asserted that his employer, the Federal Aviation Administration ("FAA"), mistreated him after he filed his age discrimination complaint with the EEOC. The Court of Appeals affirmed the district court's dismissal of plaintiff's other two claims because plaintiff failed to establish a prima facie case of age discrimination (he failed to show he was qualified or eligible for the position) and plaintiff's ADEA claim for denial of an extension of a work detail was untimely.
Employers should remain mindful that, although individual employees are not personally liable, employers are liable for any unlawful retaliation.