from the Los Angeles Times:
Supreme Court makes age bias suits harder to win
Justices, overturning a jury award won by a 54-year-old who was demoted, say workers bear the full burden of proof.By David G. Savage
11:39 AM PDT, June 18, 2009
Reporting from Washington -- The Supreme Court today made it harder for older workers who are laid off or demoted to win a claim of age discrimination.
In a 5-4 decision, the justices ruled that these workers bear the full burden of proving that their age was the cause of their demotion or firing.
The court's conservative majority rejected the approach adopted by some judges who said that, because job decisions often are made for several reasons, a company or agency that is sued for age bias must show it had a good reason, besides age, for demoting an older worker.
Justice Clarence Thomas, speaking for the court, said employers do not have to defend their actions this way. The law requires the demoted worker who sues to prove "that age was the reason that the employer decided to act," he said.
The ruling overturned a $47,000 jury verdict in favor of Jack Gross, a 54-year-old insurance claims adjuster from Iowa. He was demoted in a company reorganization, and his job was given to a woman in her 40s.
He sued his employer under the federal law against age discrimination, and a judge told jurors that Gross had to prove his age was "a motivating factor" in the demotion. The judge also said the employer had to show it had other reasons for replacing him. ........(more)
The complete piece is at:
http://www.latimes.com/business/la-na-court-age-bias19-2009jun19,0,1209621.story
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