06.30.09
BACKGROUND OF GROSS V. FBL FINANCIAL SERVICES
On June 18, the Supreme Court overturned a jury trial verdict that found that Jack Gross, 54, was demoted by his employer in part because of his age. The court said Gross had to prove not just that age played a role in his demotion but that age was the motivating factor in his demotion. The ruling overturns decades of case law and Congressional intent, which forces employers, after a plaintiff has shown that age was a factor, to show evidence that the employment decision would have been made anyway, regardless of the plaintiff’s age. Under the Supreme Court’s ruling, workers will now carry an extremely difficult burden when it comes to an employer’s internal motivations, having to prove both that age was a motivating factor for an employment decision and that no other factor would have motivated the decision without age.
Congress to Hold Hearing on Supreme Court’s ‘Gross’ Ruling Regarding Age Discrimination, says Chairman Miller
WASHINGTON, D.C. – U.S. Rep. George Miller (D-CA), the chairman of the House Education and Labor Committee, today announced that he will hold a hearing to examine how the recent U.S. Supreme Court decision in Gross v. FBL Financial Services will affect workers’ protections against age discrimination and other forms of discrimination in the workplace. The 5 to 4 decision dramatically increases the hurdles that victims of age discrimination must overcome in order to have their day in court. “The Supreme Court’s ruling will make it even more difficult for workers to stand up for their basic rights in the workplace. A narrow majority of the Supreme Court has once again overturned decades of precedent and congressional intent and sided with powerful corporate interests on a workplace discrimination case. Like with the Lilly Ledbetter case, Congress may be forced to clarify the law’s intent so we can prevent the damage this decision will have on workers’ civil rights. The court’s ruling was unacceptable, and this Congress will work to protect all Americans’ ability to be treated fairly on the job. Employment decisions should be based on merit, not prejudice.”BACKGROUND OF GROSS V. FBL FINANCIAL SERVICES
On June 18, the Supreme Court overturned a jury trial verdict that found that Jack Gross, 54, was demoted by his employer in part because of his age. The court said Gross had to prove not just that age played a role in his demotion but that age was the motivating factor in his demotion. The ruling overturns decades of case law and Congressional intent, which forces employers, after a plaintiff has shown that age was a factor, to show evidence that the employment decision would have been made anyway, regardless of the plaintiff’s age. Under the Supreme Court’s ruling, workers will now carry an extremely difficult burden when it comes to an employer’s internal motivations, having to prove both that age was a motivating factor for an employment decision and that no other factor would have motivated the decision without age.
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