Where an employee of the United States Immigration and Customs Enforcement, or ICE, alleged that ICE’s COVID-19 testing policy favors “those over 50 that can just up and retire,” his claim under the Age Discrimination in Employment Act, or ADEA, was dismissed. The Supreme Court has concluded that the ADEA does not prohibit favoring older employees over younger employees.
Background
Judd McManus is employed by ICE. McManus alleges that ICE instituted a policy requiring unvaccinated employees undergo COVID-19 testing or otherwise face progressive disciplinary action.
McManus alleges that he requested an exemption from the testing requirement. Notwithstanding that request, on March 19, 2022, McManus received from ICE a package containing COVID-19 testing kits and “was immediately taken [a]back and beyond disgusted.”
On March 28, 2022, McManus filed the complaint in this action. McManus alleges that ICE violated the Federal Tort Claims Act, or FTCA, and appears to bring a claim under the ADEA. ICE has filed a motion to dismiss for lack of jurisdiction and motion for judgment on the pleadings.
FTCA
The FTCA requires anyone pursuing an FTCA claim to exhaust administrative remedies before seeking relief on that claim in federal court. A claimant exhausts his administrative remedies by providing (1) a written statement “sufficiently describing the injury to enable the agency to begin its own investigation” and (2) “a claim for money damages in a sum certain for injury to or loss...
Washington [US], September 15 (ANI): Accenture Federal Services (AFS), Accenture plc and Accenture LLP have agreed to pay the United States USD 25 million to resolve allegations that the company v...