Supreme Court Puts Burden Of Proof On Employer

Law360, New York (June 19, 2008, 12:00 AM EDT) -- In a case that is likely to give employers pause before carrying out reductions in force, the U.S. Supreme Court has taken some of the burden off of employees to show that they were discriminated against because of their age.

The court ruled Thursday in a 7-1 decision that when an older employee claims a company’s decision led to a disparate impact under the Age Discrimination in Employment Act, it is up to the employer to prove that its action was based on a reasonable factor...
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