In an important victory for employers, the U.S. Supreme Court ruled this summer that for employees to successfully bring lawsuits under the Age Discrimination in Employment Act, they must now show that age discrimination was the cause of their termination or other adverse job action—not just one of several possible contributing factors.
This decidedly pro-employer ruling will set a higher bar for workers, making it more difficult for them to win age discrimination suits in court. Read a full analysis of the case at www.theHRSpecialist.com/Gross. (Gross v. FBL Financial Services, No. 08-441)
Outlook: Expect a push for legislation that would reverse this decision, as Congress did after the Ledbetter pay bias case.
- Check policies for impact on older applicants and employees
- You can fire managers who ignore harassment complaints
- No Motive, No Intent—No Problem; It Can Still Be Job Bias
- Disabled former employees can't recover benefits under ADA unless they seek rehire
- Worker settled case? Beware providing bad references that could lead to retaliation claims