Workers Probably Can't Sue Over 'OK, Boomer'

By Kristin Wheaton and Christopher Maugans (January 31, 2020, 4:11 PM EST) -- U.S. Chief Justice John Roberts' recent hypothetical question during a U.S. Supreme Court oral argument has sparked an extensive debate as to whether generational comments in the workplace are actionable under age discrimination statutes. In particular, Justice Roberts asked if it is actionable when a younger hiring manager states "OK, Boomer" in reference to an older job applicant.

The question was asked during arguments in Babb v. Wilkie, which was brought by Noris Babb, who claimed age discrimination against the U.S. Department of Veterans Affairs, in her alleged denial of advancement opportunities due to her age and gender, and retaliation against her after...

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