Hard Evidence in Age Discrimination Lawsuits Urged

Labor and Employment - National News June 18, 2009

Washington – Workers involved in age discrimination lawsuits bear the full burden in proving that age was the deciding factor in one’s demotion, dismissal or termination.

This was revealed by the recent decision of the Supreme Court when justices overturned a jury award won by a 54-year old demoted worker. The 5-4 decision of the High Court reversed the long-standing rule applied by many federal appellate courts where both worker and employer are required to present evidence in an age discrimination case.

According to majority of the justices, the judge had erred by allowing the plaintiff to win without proving he had been demoted because of his age.

The case stemmed from a lawsuit involving Jack Gross, 54, an Iowa insurance claims adjuster who was demoted in a company reorganization and whose job was given to a woman in her 40s. The high court ruling overturned the $ 47, 000 jury verdict in favor of Gross.

Legal pundits however say this ruling will make it even more difficult for workers to obtain hard evidence that age is a key factor in a case against their employers since the real reasons for discrimination are often kept confidential from workers.

Diana Hoover, a corporate defense lawyer in Houston, said: "This is a significant and marked change. It imposes a difficult burden on the employee. You are not going to have an employer stand up and announce, 'I'm discriminating against you because of your age.' "

Analysts are wary about the ruling which came at a time when age discrimination is rising, and many companies downsize in the difficult economy. The U.S. Equal Employment Opportunity Commission said the number of new age-bias claims last year rose by 29% from 2007.

Businesses and employers applauded the decision and said they sometimes settle weak claims to avoid battling behind a jury over the real reasons in a layoff or termination.

Meanwhile, the National Senior Citizens Law Center, AARP, and other civil rights group criticized the ruling and urge Congress to the pass a law regarding the issue.