US Supreme Court Soft On Age Discrimination

In my recent post as a guest blogger for InjuryBoard.com, they graciously allowed me to speak out on age discrimination, a topic that I am quite passionate about.   The blog focused on a Supreme Court decision last June that made it significantly more difficult to win a suit for age discrimination. 

In a 5-4 vote on Jack Gross Verses FBL Financial, the court stated that the entire burden for proving his case rested on him and that the Company didn’t need to demonstrate that they had not acted with the intention of demoting him because of age.  The Supreme Court in effect, has made it more difficult for a plaintive to prove age discrimination than would be required for proving gender or race discrimination.  The Court has decided that the rights of mature workers are less important to protect.   This is not acceptable to OurExperienceCounts.com. AARP, Senators Tom Harkin and Patrick Leahy and Representative George Miller. Bills have thus been introduced in both the Senate and House to correct the wrong done by the Supreme Court.  AARP Executive Vice President Nancy LeaMond said. “Their bill will protect older workers from being relegated to second class status when they try to vindicate their rights under the ADEA. Unless Congress passes this bill, too many older workers who have been victims of arbitrary age discrimination will be denied their day in court.” Please take the time to contact both your local representative and senator to urge the passing of this bill and to make it clear that we are not second-class citizens.

Important New Age Discrimination Legislation

Last June, in the case of Jack Gross v. FBL Financial Services, Inc. the Supreme Court in a 5-4 decision, stated that older workers bringing employment discrimination claims must meet a higher standard to prove their claims of illegal bias than others who have been subject to unfair discrimination at work, such as discrimination based on race or sex. In response to what we believe to be an unfortunate and misguided court decision, Senator Tom Harkin, Chairman of the Senate Health, Education, Labor and Pensions Committee, Senator Patrick Leahy, Chairman of the Senate Judiciary Committee, along with Representative George Miller Chairman of the House Education and Labor Committee have introduced companion bills to restore the rights of mature workers.   AARP Executive Vice President Nancy LeaMond said. “Their bill will protect older workers from being relegated to second class status when they try to vindicate their rights under the ADEA. Unless Congress passes this bill, too many older workers who have been victims of arbitrary age discrimination will be denied their day in court.” We at OurExperienceCounts.com strongly support this important legislation that reinstates mature workers rights under the (ADEA) The Age Discrimination in Employment Act of 1967. 

We recommend that you contact both your district representative and your two senators and let them know that this bill is one that should receive their vote.

Categories: Age Discrimination, OEC Speaks Out