At a time when charges of age discrimination are soaring, the U.S. Supreme Court may have given a break to employers and their employment practices liability insurers with their recent ruling that a worker has the burden to prove age was a key factor in a negative employment decision.
The decision was close, however, with the 5-4 ruling favoring employers in Gross v. FBL Financial.
The underlying case leading to the high court's ruling on the standard of proof for a suit under the Age Discrimination in Employment Act of 1967 involved Jack Gross, an employee of FBL Financial, who was demoted from his position as a claims administration director in 2003.
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