Supreme Court Makes It Harder to Prove Age Bias
Last week, the Supreme Court issued a somewhat surprising, employer friendly decision concerning age discrimination. The Court concluded that, to prevail under the federal Age Discrimination in Employment Act (ADEA), a plaintiff must prove that age discrimination was the deciding factor in the employer’s decision making. This makes the ADEA different from Title VII, which governs most other forms of discrimination and which permits a plaintiff to prove only that discrimination was one of the motivating factors. Keep in mind, however, that state laws protecting against age discrimination could be applied differently. More over, experts suggest that the current Congress will act quickly to amend the ADEA in order to counteract the Supreme Court’s decision.
To read the summary of the decision provided by the Society for Human Resource Management, click here.
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