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Summary Bus623 Assignment 1 BUS 623 Babb v.Wilkie: Age Discrimination Case Law Review The University of Arizona Global Campus BUS 623: Human Capital Management Using Applied Psychology Age Discrimination Case Law Analysis The following review of the 2020 ca$7.49
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Summary Bus623 Assignment 1 BUS 623 Babb v.Wilkie: Age Discrimination Case Law Review The University of Arizona Global Campus BUS 623: Human Capital Management Using Applied Psychology Age Discrimination Case Law Analysis The following review of the 2020 ca
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Bus623 Assignment 1 BUS 623 Babb v.Wilkie: Age Discrimination Case Law Review The University of Arizona Global Campus BUS 623: Human Capital Management Using Applied Psychology Age Discrimination Case Law Analysis The following review of the 2020 case involving Babb v. Wilkie will provide ins...
bus623 assignment 1 bus 623 babb vwilkie age discrimination case law review the university of arizona global campus bus 623 human capital management using applied psychology age discrimination
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BUS 623
Babb v.Wilkie: Age Discrimination Case Law Review
The University of Arizona Global Campus
BUS 623: Human Capital Management Using Applied Psychology
Age Discrimination Case Law Analysis
The following review of the 2020 case involving Babb v. Wilkie will provide insight into
the current rules and regulations regrind age discrimination within the public and private sector.
This case builds upon the ADEA act of 1967 which was founded by congress to prevent the
discrimination of workers over the age of 40. As the world continues to evolve and the
generations continue to divide, this case study serves as another pivotal part of the necessary
framework that must be maintained within the workplace to keep things fair and consistent for
workers of all ages.
Babb v. Wilkie (Case Issue, Findings, and Outcome)
Babb v. Wilkie is centered around Dr. Noris Babb who since 2004 has served as a
clinical pharmacist working for the Unites States Department of Veterans Affairs in Bay Pines,
Florida. After serving as a clinical pharmacist for 5 years, in 2009 Babb obtained an advance
designation that allowed her “Disease State Management.” Due to this newly obtained
designation Babb became eligible for promotion the following year in 2010 after the VA created
the “Patient Aligned Care Team.”
In 2011 two other physicians filed complaints with the Equal Employment Opportunity
Commission after they felt the new hiring requirements were being implemented in a way that
was discriminatory. Babb testified in these cases and then in 2013 filed complaints of her own
the EEOC due to a removal of her designations and refusal of the VA to provide her additional
training opportunities. In 2014 Babb filed a federal case regarding the VA’s actions alleging
, discrimination against her based on the context of age, gender and retaliation due to her EEOC
complaint filings.
Case Issue
The 1967 Age Discrimination in Employment Act (ADEA) protects against age
discrimination of employees over 40, with the employer wearing the burden to prove that age is a
Bona Fide Occupational Qualifications. (Cascio & Aguinis, 2019) According to the American
Bar Association, the case issue is whether section 633a(a) of the ADEA exploited employer
liability when age is noted as the "but-for cause" of action. (2020)
Arguments/Findings
After bring heard in the lower court in 2014 and then appeal in the eleventh circuit court
in 2011 the case was brought to the United States Supreme Court in 2019 in a last ditch attempt
to overturn the previous two rulings which upheld the actions of the VA. The ADEA act
requires that the plaintiffs must establish a “prima facie” case for discrimination which means
first proving the actions of the alleged discrimination. Secondly, once this is established by the
plaintiff the defendant has the opportunity to provide evidence of legitimate and non-
discriminatory reasons for their actions.
Babb continued to stand by her claims that the decisions to prevent her from promoting
were not a result of her skill but rather directly related to her age and gender. To substantiate her
claims Babb and her attorneys provided documentation of her exemplary performance reviews
that dated back to her first year of employment with the VA. The lawsuit focused on three factors
that the ADEA act specifically highlight:
1) The removal of her advanced designations without warrant due to her track record of
performance, which were the direct reasons why she was eligible for the promotion.
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