Dec 14, 2009

COURT MAKES IT HARDER FOR WORKERS IN AGE DISCRIMINATION CASES

Although age discrimination cases occur frequently in New Hampshire, the United States Supreme Court make it tougher for employees in age discrimination cases. Before the Court’s recent opinion, if an employee proved that age was a factor in an adverse employment action such as a demotion or layoff, the employer then needed to show that it acted against that employee for legitimate reason other than age discrimination. The new decision means that employees who have an age discrimination claim must demonstrate that age was the deciding factor. This change represents a significant hurdle to get over for victims of age discrimination. This decision makes it harder for victims of age discrimination to win age discrimination cases. The Court seemed to set up a different burden of proof for age discrimination cases than for race, sex, and religion discrimination cases.

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