Supreme Court Rules For Postal Worker in Retaliation Case
Myrna Gomez-Perez was a window distribution clerk for the USPS. In November 2002, she requested a transfer from a position at the Moca, Puerto Rico Post Office to a position at the Dorado, Puerto Rico Post Office–but Gomez-Perez’s supervisor denied that request. She filed an equal employment opportunity complaint with the USPS, alleging that she had been discriminated against on the basis of age. Gomez-Perez alleged that after she filed that complaint, she was subjected to various forms of retaliation.
From The Associateed Press
The Supreme Court said Tuesday that a major anti-age bias law protects federal employees who faced retaliation after complaining about discrimination. The court ruled 6-3 that a U.S. Postal Service employee may pursue her lawsuit under the Age Discrimination in Employment Act
The case involves Myrna Gomez-Perez, a postal worker in Puerto Rico who alleged she was being discriminated against because of her age. Gomez-Perez, who was then 45, said that after she filed a complaint with the Equal Opportunity Employment Commission, she suffered a “series of reprisals” from her supervisors.
The Supreme Court said Tuesday that a major anti-age bias law protects federal employees who faced retaliation after complaining about discrimination.
The court ruled 6-3 that a U.S. Postal Service employee may pursue her lawsuit under the Age Discrimination in Employment Act.
The law does specifically bar reprisals against private sector employees who complain about discrimination. But it is silent as to federal workers. Justice Samuel Alito said the law indeed does apply to both categories of employees.
The case involves Myrna Gomez-Perez, a postal worker in Puerto Rico who alleged she was being discriminated against because of her age. Gomez-Perez, who was then 45, said that after she filed a complaint with the Equal Opportunity Employment Commission, she suffered a “series of reprisals” from her supervisors.
Gomez-Perez sued under the ADEA, claiming retaliation in violation of the law.
The 1st U.S. Circuit Court of Appeals in Boston upheld a lower court’s dismissal. The Supreme Court reversed that ruling Tuesday.
The Bush administration, which is backing workers in other age bias cases at the high court, said the ADEA does not afford federal workers protection from retaliation. It said Congress could have extended protections to federal workers, but didn’t.
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Ralph Kramden on
Tue, 27th May 2008 7:20 am
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AIRBUD on
Sat, 28th Jun 2008 3:17 pm
Leave it to Bush. When he leaves office it will be and end of a ERROR.
Ive reading that some city carriers think we have
a great new contract well think again. When i asked a USPS driver how many years hes been working as a driver he told me 20 years, i have 27 years. Iam at the top of my pay i case up my route and almost everyday another route, as the
USPS driver just comes gets the things he needs
and drives off, nothing else. And the USPS drive
with 20 years of service makes almost $30.00 per hour, so dont tell me and other city carriers we have contract.