New Bill to Help Employees Fight Age Discrimination ~ Los Angeles Lawyer Articles

Tuesday, August 27, 2013

New Bill to Help Employees Fight Age Discrimination


A new piece of legislation that has recently been introduced aims to modify a Supreme Court decision that made it very difficult for older workers to prove that they were discriminated against based on their age.
The bill is called the Protecting Older Workers against Discrimination Act, and has been sponsored by Senator’s, Tom Harkin, Democrat-Iowa, Chuck Grassley Republican-Iowa and Patrick Leahy Democrat-Vermont. The bill is designed to modify a critical Supreme Court decision that came in 2009 in Gross vs. FBL Financial Services Inc.
Prior to that Supreme Court decision, if a worker could show that there was at least one other motivating factor in a discrimination-related action in the workplace, then the employer had to prove that he would have taken the very same action even in the absence of the discrimination. However, after the Supreme Court 2009 decision, employees are now required to prove that the employer would not have taken the adverse action had it not been for the   employee’s age. That means a significantly higher burden of proof on the employee to prove age discrimination.
This makes it harder for older workers to be able to make their case when they want to sue their employer. The number of lawsuits being filed by older workers is only likely to increase as the senior workforce in the country increases.
The incidence of workplace-related age bias is especially high in California’s Silicon Valley, where employees in their 40s are judged to be aged, and therefore behind the times. According to some estimates, by 2016, as many as one- third of the American workforce will be above the age of 50.


1 comment:

Unknown said...

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