BABB v. SECRETARY DEPARTMENT OF VETERANS AFFAIRS (2020)

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Dr. Noris Babb appeals the district court’s grant of summary judgment on each of her claims in this case, which she raises under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621 et seq.

Consistent with—and for the reasons stated in—our previous opinion, see Babb v. Sec’y, Dep’t of Veterans Affairs, 743 F. App'x 280 (11th Cir. 2018), we affirm the district court’s grant of summary judgment on Babb’s Title VII retaliation claim and hostile-work-environment claim, and we reverse and remand the district court’s grant of summary judgment on Babb’s Title VII gender-discrimination claim. In light of the Supreme Court’s recent ruling in this case, however, see Babb v. Wilkie, 589 U.S. –––– (2020), we now reverse the district court’s grant of summary judgment on Babb’s ADEA age-discrimination claim and remand for consideration consistent with the Supreme Court’s opinion.

AFFIRMED in part; REVERSED and REMANDED in part.

PER CURIAM: