If you’re an employer in Humboldt County, you should know that federal and state laws prohibit employment discrimination based on age.
A recent United States Supreme Court decision made prevailing on age discrimination claims under the federal Age Discrimination in Employment Act of 1967 (commonly referred to as the ADEA) more difficult for employees. Earlier this month, the Court decided the case of Gross v. FBL Financial Services, Inc. Prior to the Court’s decision, ADEA plaintiffs could win by proving age was a motivating factor in a discharge or demotion. At that point, it was the employer’s burden to prove that it had a legitimate reason for the action. In Gross, however, the Supreme Court rejected such burden-shifting in ADEA cases. Now, ADEA plaintiffs will have to prove that age was the cause of the employer’s action. In short, plaintiffs must prove that age was the deciding factor—which is often hard to do absent direct evidence.
Humboldt County employers and employees should know, however, that the Court’s decision only applies to federal age discrimination cases. The burden-shifting framework still applies to other discrimination claims, like those alleging race, sex, religion, or national original discrimination, because the statutes that cover non-age discrimination claims specify such a framework.
Moreover, employees are also protected from age discrimination under state law, and the Court’s decision does not impact such claims under California law.
If you have any questions about this or any other aspect of law affecting employers here in Humboldt County, please call our office and ask to speak with one of our attorneys.
Posted in Employment Law | No Comments »
Tags: Employment Law