''Gomez-Perez v. Potter'', 553 U.S. 474 (2008), is a labor law case of the
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
holding that federal employees can assert claims for retaliation resulting from filing an
age discrimination
Ageism, also spelled agism, is discrimination against individuals or groups on the basis of their age. The term was coined in 1969 by Robert Neil Butler to describe discrimination against seniors, and patterned on sexism and racism. Butler def ...
complaint. The case continued the Court's long-standing position that cause for action following retaliation can be inferred in civil rights legislation, even though the law does not explicitly provide protection against victimization.
The case is important because it signaled a willingness by recently appointed Justice
Samuel Alito to continue the Court's expansive interpretation of civil rights laws.
Background
Myrna Gómez-Pérez worked for the United States Postal Service as a part-time window distribution clerk in Puerto Rico. Ms. Gómez-Pérez sought a transfer to a full-time position; however, her supervisor denied her request. Ms. Gómez-Pérez alleged that the supervisor denied the request based on her age and filed an
EEO complaint on the basis of age discrimination. Subsequently, Ms. Gómez-Pérez alleged that, as a result of filing her complaint, in retaliation she was subjected to a series of reprisals that included groundless charges of sexual harassment, substantial reductions in her hours, and being harassed and mocked by her co-workers. As a result, she filed a retaliation complaint.
Opinion of the Court
The Supreme Court held that federal employees can assert claims for retaliation resulting from filing an
age discrimination
Ageism, also spelled agism, is discrimination against individuals or groups on the basis of their age. The term was coined in 1969 by Robert Neil Butler to describe discrimination against seniors, and patterned on sexism and racism. Butler def ...
complaint.
Even though it is not explicitly in the
Civil Rights Act, the existence of the right can be inferred from the Act's scheme, as necessary to make the rights effective.
See also
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US labor law
United States labor law sets the rights and duties for employees, labor unions, and employers in the United States. Labor law's basic aim is to remedy the "inequality of bargaining power" between employees and employers, especially employers "org ...
*
List of United States Supreme Court cases, volume 553
This is a list of all the Supreme Court of the United States, United States Supreme Court cases from volume 553 of the ''United States Reports'':
External links
{{SCOTUSCases, 553
2007 in United States case law
2008 in United States case ...
External links
* {{caselaw source
, case = ''Gomez-Perez v. Potter'', {{ussc, 553, 474, 2008, el=no
, cornell =https://www.law.cornell.edu/supct/html/06-1321.ZS.html
, courtlistener =
, findlaw = https://caselaw.findlaw.com/us-supreme-court/553/474.html
, googlescholar = https://scholar.google.com/scholar_case?case=13826984782406881686
, justia =https://supreme.justia.com/cases/federal/us/553/474/
, oyez =https://www.oyez.org/cases/2007/06-1321
, other_source1 = Supreme Court (slip opinion) (archived)
, other_url1 =https://web.archive.org/web/0/https://www.supremecourt.gov/opinions/07pdf/06-1321.pdf
Supreme Court Oral Argument Transcript*
ttp://www.aarp.org/research/legal-advocacy/supreme_court_agrees_that_older_federal_workers_ar.html AARP: Supreme Court Agrees that Older Federal Workers are Protected from Retaliation
United States Supreme Court cases
United States Supreme Court cases of the Roberts Court
United States labor case law
2008 in United States case law