Tag Archives: Age discrimination

SCOTUS For The Average Joe

Average Joe SCOTUS: Our Lady of Guadalupe School v. Morrissey-Berru

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Old-ass teacher Agnes Deirdre Morrissey-Berru taught at Our Lady of Guadalupe school. Apparently, she was so old, the school got sick of seeing her, and summarily kicked her to the curb.

There’s laws against age discrimination though—specifically the Age Discrimination in Employment Act (ADEA). Dear old sweet Agnes felt like Our Lady of Guadalupe had become Our Dirty Ass Bitch of Guadalupe, and filed suit, claiming she was discriminated against because she was so old, she knew Ivan the Terrible when he was just Ivan the Slightly Unpleasant.

However, those laws allow religious institutions exemptions for ministerial staff, and the school argued that good dear old sweet harmless Agnes was effectively a minister.

Agnes was like, “Goodness gracious! I took one class on religious studies. I never learned to be a minister. So please, go forth and multiply.” (Which is a polite way of saying “go fuck yourself.”)

A district court apparently found Guadalupe’s argument good enough, and sent Agnes’ old ass packing. But the ninth circuit was like, “Hold on a minute you lazy assholes. This old broad ain’t no minister.” And they sided with dear old sweet wonderful Agnes.

One of the issues at hand, is basically to define what the fuck a minister even is, and therefore who falls under that moniker.

But ultimately SCOTUS is being asked to decide if the first amendment’s religion clause allows the courts to get involved in all of this shit in the first place.

In a 7:2 decision, SCOTUS decided dear old sweet wonderful Agnes could fuck right the hell off, and take her chocolate chip cookies with her.

You see, the court has a long history of not sticking their nose in the church’s business. They’re not about to tell the church WTF a minister is. So they were like, “Sorry dear old sweet Agnes, you’re own your own you old biddy.”

Ginsburg and Sotomayor however were like, “Agnes isn’t even hardly teaching religion for fuck’s sake. Are you kidding us with this shit? She teaches secular shit. Hell, she doesn’t even have to be catholic here.

But the other seven were like, “fuck off, decision for Our Lady of Guadalupe.

Hear oral arguments or read about the case here.

SCOTUS For The Average Joe

Average Joe SCOTUS: Babb v. Wilkie

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Noris Babb, a pharmacist with the VA, started a team of people specifically designed to help elderly veterans with problems unique to elderly veterans. Because of this unique position, they gave Babb the authority to write prescriptions, even though she wasn’t a medical doctor, because her position to some extent required her to be able to do that.

The VA liked her old fart program so much, they created a much larger program modeled after it. During this time, they denied the ability of several pharmacists above fifty years old, while approving the same ability for some younger pharmacists under forty. So these old farts filed an Equal Employment Opportunity claim, stating they were discriminated against because of their terminal and persistent geriatric condition.

Babb, who had this authority decided to support the old farts, and wrote a letter assisting them with their claim. But after she did so, she applied to be a part of this new program, since it was her baby after all, and she was denied.

Presumably, her supporting the old farts against the VA didn’t sit well with the VA, so they added a much larger workload to Babb, which she couldn’t maintain. As a result, they stripped her of the authority to write prescriptions, and denied her involvement in this new program that she helped create, citing her non-compliance with their requirements as their reason.

And to really rub that shit in, they gave the credentials and job to a younger sub-30 year old woman instead.

So Babb was all like, “This is fucking bullshit, you assholes.” So off they go to SCOTUS to determine if she has to prove age was a factor in her being denied the opportunity, in order to make her claim it was age discrimination. It appears she makes a fair case that they retaliated against her, but she’s also claiming age discrimination since the promoted female they chose instead of her was much younger.

SCOTUS, in an 8-1 majority sided with Babb. The ADEA prohibits a federal employer from using age as a consideration when making employment decisions. But they stated that while it doesn’t have to be the but-for cause to win a judgement, the remedy the courts offer should take that into consideration. Only Clarence Thomas disagreed, basically arguing the court wasn’t very specific in its ruling, and would make it much harder for federal agencies to operate going forward.