Gómez-Pérez sued claiming that her federal employer (the USPS) retaliated against her because she filed an equal employment opportunity complaint with her employer alleging discrimination on the basis of age. The 1st Circuit held that the Age Discrimination in Employment Act (ADEA) does not provide a cause of action for retaliation by federal employers. Applying ADEA Section 15 (29 USC Section 633a), the 1st Circuit reasoned that the statutory prohibition against "discrimination" does not include a prohibition against retaliation. The US Supreme Court granted certiorari to review the 1st Circuit's judgment.

Case below: Gómez-Pérez v. Potter (1st Cir 02/09/2007) 
Oral argument:  February 19, 2008. [Transcript] 
Official docket sheet 
Certiorari granted 09/25/2007.  

Question presented:  

Whether the federal-sector provision of the Age Discrimination in Employment Act, 29 USC Section 633a, prohibits retaliation against employees who complain of age discrimination.

Certiorari Documents: 

• Petition for Writ of Certiorari 
• Brief of respondent John E. Potter, Postmaster General in opposition
• Reply of petitioner Myrna Gómez-Pérez 
• Brief amicus curiae of AARP

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