Employment Discrimination & Harassment Law Blog » Supreme Court http://www.jrandolphlaw.com/employment-law-blog Sun, 07 Mar 2010 23:32:32 +0000 en hourly 1 Eight Circuit orders new trial after SCOTUS makes age discrimination claims more difficult http://www.jrandolphlaw.com/employment-law-blog/2009/12/01/eight-circuit-orders-new-trial-after-scotus-makes-age-discrimination-claims-more-difficult/ http://www.jrandolphlaw.com/employment-law-blog/2009/12/01/eight-circuit-orders-new-trial-after-scotus-makes-age-discrimination-claims-more-difficult/#comments Tue, 01 Dec 2009 17:02:35 +0000 Justin http://www.jrandolphlaw.com/employment-law-blog/?p=13 In June, the SCOTUS made it much tougher for age discrimination plaintiff’s to pursue their claims.

In Gross v. FBL Financial Services Inc the SCOTUS said that it was the responsibility of the plaintiff to prove that age was the motivating factor (not just one of the factors) in the adverse employment decision.

Because of that decision the Eight Circuit has ordered a new trial in the matter.

Congress is pushing back against this move by the SCOTUS through the “Protecting Older Workers Against Discrimination Act to put plaintiff’s rights back where they were.

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