Supreme Court Limits Age Discrimination Definition in Cause-related Cases

Out-of-date skill sets and other performance-related issues often make older workers candidates for termination during downsizing. Yet, employers frequently are reluctant to let these workers go for fear of a claim of age discrimination or lawsuit under the Age Discrimination in Employment Act. A recent U.S. Supreme Court decision (Gross v. FBL Financial Services, Inc.) narrowed the definition of age discrimination in these cases. It ruled that when the termination would have occurred anyway, the plaintiff must prove age alone was the cause of termination, rather than merely one of the considerations.

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