In Ford v. Mabus, No. 09-5041, an action by a federal government employee, alleging discrimination on the basis of age in violation of the Age Discrimination in Employment Act (ADEA), the court reversed judgment for defendant where, because of what the court had called ADEA section 633a's "sweeping" language --"all [federal government] personnel actions . . . shall be made free from any discrimination based on age"-- plaintiffs may establish liability, though not necessarily entitlement to such remedies as reinstatement and backpay, by showing that consideration of age was a factor in the challenged personnel action.
As the court wrote: "Appellant, a federal government employee, alleges discrimination on the basis of age in violation of section 633a of the Age Discrimination in Employment Act (ADEA). The district court applied the McDonnell Douglas framework and found that appellant had failed to meet his ultimate burden of proving that age was the but-for cause of the challenged action."
- Read the DC Circuit's Decision in Ford v. Mabus, No. 09-5041