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.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- When hiring, never mention age--to anyone
- HR Gossip Girl: The Legal Risk of Letting One Secret Slip
- Remind managers: Comments about weight can trigger harassment complaints
- Use objective criteria, transparent process to ensure promotions are fair for everyone