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Gomez-Perez v. Potter

Docket No.: 06-1321
Certiorari Granted: 9/25/2007
Argued: February 19, 2008
Decided: May 27, 2008


Age Discrimination in Employment (ADEA), ADA, ADEA, Age Discrimination in Employment Act, Civil Rights Act, Civil Service Reform Act, Discrimination in Employment, Education Amendments of 1972, FLSA, Fair Labor Standards Act, First Amendment, Title VII, age discrimination, anti-retaliation, chapter 7, disparate impact, judicial review, racial discrimination, retaliation, sex discrimination, sovereign immunity, stare decisis

PartyNames: Myrna Gomez-Perez v. John E. Potter, Postmaster General
Petitioner: Myrna Gomez-Perez
Respondent: John E. Potter, Postmaster General

Court Below: United States Court of Appeals for the First Circuit
Citation: 476 F3d 54
Supreme Court Docket

Myrna Gomez-Perez
John E. Potter, Postmaster General
553 U.S. 474 (2008)
Question Presented:

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


Does the ADEA prohibit retaliation against federal employees?



Gomez-Perez v. Potter

February 19, 2008

Holding: reversed and remanded
Decision: Decision: 6 votes for Gomez-Perez, 3 vote(s) against
Vote: 6-3
Majority: Judgment Reversed, Case Remanded. Alito, Stevens, Kennedy, Souter, Ginsburg, Breyer
Dissenting: Roberts,Scalia,Thomas
Opinion By:
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