Congressional Democrats are taking a whack at overriding another recent decision by the U.S. Supreme Court, looking this time at a 2009 ruling about age discrimination.
The decision in Gross v. FBL Financial Services Inc. changed the standard of proof for workers who sue under the Age Discrimination in Employment Act of 1967. Under the Court’s 5-4 opinion, a worker must prove that the employer would not have taken a certain action, such as a demotion, “but for” the worker’s age, even if there’s evidence that age was a factor in the decision.
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