Following Burlington Northern & Santa Fe Railway v. White, this Court held that employers are liable for retaliation under the ADEA for conduct that "well might have dissuaded a reasonable worker from making or supporting a charge of discrimination." 548 U.S. 53 (2006). However, this Court has not addressed how Burlington Northern applies to retaliatory hostile work environment claims. The Circuit Courts have examined such claims under two different liability standards—either Burlington Northern (3rd, 5th, and 11th Circuits), or the more stringent severe and pervasive standard (1st, 6th, 9th, and D.C. Circuits) applicable to claims of discrimination, not retaliation.

1. Whether the Burlington Northern standard, which this Court has held governs retaliation claims under the ADEA, applies equally to ADEA claims of retaliatory harassment claims.

2. Whether ADEA retaliation claims require Plaintiff to show, by a preponderance of the evidence, but-for causation or whether the ADEA retaliation claims are to be decided under the "motivating factor" test, and in applying the appropriate test, what weight of direct and indirect evidence is required for a Plaintiff to meet that burden of proof.

3. Whether a policy and practice are required in proving a continuing violation and should the Court continue the distinction between discrete and non-discrete acts and if so how are they defined.

Whether the Burlington Northern standard applies to ADEA retaliatory-harassment-claims