At a time when charges of age discrimination are soaring, the U.S. Supreme Court seemed to give a break to employers and their employment practices liability insurers this month, ruling that a worker has the burden to prove age was the key factor in a negative employment decision.
"A plaintiff bringing an ADEA disparate-treatment claim must prove, by a preponderance of the evidence, that age was the 'but for' cause of the challenged adverse employment action," Justice Clarence Thomas wrote for the majority in Gross v. FBL Financial, referring to claims filed under the Age Discrimination in Employment Act of 1967.
The Supreme Court decision was close, however, with a 5-4 ruling only slightly favoring employers, prompting strongly worded dissents from the minority justices, an outcry from a federal lawmaker and expert predictions that Congress will act to reverse the impact of the court's ruling.
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