A last session ruling by the US Supreme Court has Democrat Judiciary Committee members up in arms. The ruling, they say, makes it harder for fired employees to sue on grounds of age discrimination. Claiming a violation of civil rights law, Senators Patrick Leahy, Tom Harkin and Representative George Miller have introduced legislation to overturn the ruling and ensure that age discrimination receives the same recognition as other forms of workplace discrimination.
Recalling the claims of “activist judges” and “legislating from the bench” heard in the confirmation hearing of Justice Sotomayor, Leahy termed the Supreme Court’s approach to employment law as “very very activist”. With this ruling, a “mixed motive” (meaning that age was a contributing , but not sole factor in the termination) was not a sufficient burden of proof in claiming discrimination based on age in relation to other types of discrimination. Essentially the Supreme Court has ruled that age discrimination is not as injurious as discrimination of other forms.
If you suspect discrimination of any sort has played a part in your termination, please contact the Higgins Firm at 800.705.2121 or at www.thehigginsfirm.com. Our employment law section can discuss your claim.