Washington Age-bias suits become harder to win

At a time when age-discrimination claims are climbing, the Supreme Court yesterday made it substantially harder for older workers to win such cases in court.

Previously, judges across the nation had held that if a worker could show age was one of the motivating factors, then the employer was required to prove it had a legitimate reason for its action separate from age.

In a 5-4 decision, however, the court threw out this two-step approach, saying workers must bear the full burden of proving age was the deciding factor in their dismissal or demotion.

The ruling means workers must meet a tougher standard under the Age Discrimination in Employment Act than they do when alleging race or gender discrimination under a different law, known as Title VII.

“Unlike Title VII, the ADEA’s text does not provide that a plaintiff may establish discrimination by showing that age was simply a motivating factor,” Justice Clarence Thomas wrote for the majority. He said workers had to show the employer’s action wouldn’t have occurred in the absence of age bias.

Because workers would be unlikely to have been present when their employers discussed action against them, analysts said, it would be extremely difficult to obtain hard evidence that age was the crucial factor.

The ruling was criticized sharply by the National Senior Citizens Law Center, AARP and several civil-rights group. They urged Congress to reverse the court’s ruling.

Last year, the U.S. Equal Employment Opportunity Commission said the number of newly filed age-bias claims rose by 29 percent, the fastest of any job category.

Yesterday’s 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.

When Gross sued, the judge told jurors they should rule for him if his age was “a motivating factor” in the decision to demote him and if the employer failed to show it would have made the same decision regardless of age.

The case was Gross v. FBL Financial Services.

The decision was welcomed by business groups. They say employers sometimes settle weak claims to avoid battling before a jury over the real reasons behind a layoff.

The Supreme Court also:

• Ruled 5-4 in an Alaska case that convicts have no constitutional right to test genetic evidence to try to show their innocence. The decision could be limited, because Virginia and 46 other states and the federal government already have laws that allow DNA testing in some circumstances.

• Agreed to let an insurance company settle some asbestos lawsuits for about $500 million in exchange for blocking any future litigation. Travelers Cos. had settled with several groups of plaintiffs in 2004 with the caveat that federal courts make clear the company would not face new similar lawsuits.

  For a free consultation for your Washington age discrimination case over the Internet via e-mail or either by telephone, please call 1 (800) 282-4878 or arrange for a free consultation at your home, in the office or at a location near you which is mutually convenient. rob@kornfeldlaw.com

Renton Washington Discrimination Lawyers

Unfortunately, in the workplace, discrimination occurs because of any one of the five protected civil rights. Violation of your civil rights can give rise to either state or federal claims along with recovery of attorney’s fees, costs and punitive damages awarded by any jury in a lawsuit. Employees, as you may have been, are also sometimes wrongfully terminated or discharged from work without cause or in violation of your five (5) protected civil rights.

Despite the fact that Washington is an “at will” state, which means an employer can fire anyone when it wants to and for whatever reasons, this does not mean your civil rights can be violated nor does it mean company rules, regulations and policy manuals can be ignored. If you intend to seek out a consultation with our office, please bring your contract, policy manuals and other documents from your employer to the initial meeting with our firm.

Contact our Washington Employment Attorneys

For a free consultation over the Internet via e-mail or either by telephone, please call 1 (800) 282-4878 or arrange for a free consultation at your home, in the office or at a location near you which is mutually convenient. rob@kornfeldlaw.com