Can Age Discrimination Be Proved?


The U.S. Supreme Court has again "made law," and it has direct implications for lawyers who have been de-equitized or laid off. The Court, in its 5-4 decision in the case Gross v. FBL Financial Services, Inc., said that the burden of proving age discrimination lies solely with the plaintiff. In previous cases, the plaintiff merely had to prove that age was a factor, and then the employer had to show that there were legitimate reasons for the termination. How will plaintiffs be able to show that age was the primary factor? After all, the plaintiff was not in the room when the decision to terminate was made.

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