Age Bias Legislation Introduced

As reported earlier, the U.S. Supreme Court gave employers a big age discrimination victory in Gross v. FBL Financial Services, Inc. The Court ruled that unlike a case filed under Title VII of the Civil Rights Act (covering race, color, sex, religion or national origin discrimination), an employee has to prove that age was “the” motivating factor for an employer’s adverse action in order to prevail in a case filed under the Age Discrimination in Employment Act (ADEA).

Under Title VII, it’s only necessary to prove that one of the protected categories was “a” motivating factor. So, even if an employer could show that there were other legitimate factors motivating the employer’s adverse decision (“mixed motives”), the employee showing that race, color, sex, religion or national origin was one of the motivating factors wins the case. Not so under the ADEA.

A bill has been introduced in both houses of Congress to reverse the Supreme Court’s ruling in Gross. This proposed legislation follows a pattern that’s developed over the past several months. Congress amended the Americans with Disabilities Act to overturn a number of Supreme Court cases, and it enacted the Lilly Ledbetter Fair Pay Act to overturn a decision of the Supreme Court.

If I had to guess, I’d say that this new age bill will also pass. Stay tuned.