AGE BIAS DISCRIMINATION SUIT APPEARS BEFORE THE SUPREME COURT: WHO BEARS BURDEN OF PROOF?
Although one Supreme Court Justice, Justice Stephen Breyer, will sit out the decision, (apparently due to owning stock in the Defendant corporation) – an age bias suit from New York went before the highest court in the land this week. The suit is trying to determine who bears the burden of proof on age bias suits, the over-40 workers who claim they were fired due to age discrimination or the employer who must show there was another legitimate reason aside from age.
If the court stays as it is, the decision will remain with the lower court, leaving the decision unbinding on other courts. What does this mean? That age bias and discrimination cases continue to be controversial even in our highest courts. The burden of proof in age discrimination cases is harder than in many other types of discrimination cases, as there can be many legitimate reasons for any firing. However, many of these suits end up as class-actions showing that there was a policy or a corporation-wide discrimination against those over 40 years of age.
What does this mean for you if you are over 40? It means that you must be very careful to document and pay attention to the actions of your employer against you and your fellow older workers. With courts split on the issue, it does make it a harder burden for the plaintiff. However, that does not make discriminatory actions by your employer legal or justified. If you suspect your employer of engaging in age bias or discrimination in any part of the employment process in California: hiring, firing, promotions, pay raises, training opportunities, social activities, etc., call the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 for a free consultation regarding your legal rights and how one of our experienced employment lawyers may be able to help you.
AP, The New York Times 04/24/2008
