Setting precedent for other cases concerning age discrimination, the Supreme Court recently ruled in Gross v. FBL Financial Services.
Jack Gross, a man from Iowa in his mid-fifties, sued FBL Financial Services for age discrimination and won in trial court. Gross claimed that when the company was reorganized in 2001, he was demoted on the basis of age (a woman in her 40's was given his position).
However, the trial court's decision was later overturned by Court of Appeals, 8th Circuit. The Supreme Court's ruling upholds that of the Court of Appeals, which means that FBL Financial Services doesn't have to show proof that it did not discriminate against Gross due to his age (when Gross won in trial court, the verdict mandated FBL Financial Services prove that it did not discriminate against him).
The decision was 5-4 and Justice Clarence Thomas wrote the majority decision.
In an article for the Phoenix Business Journal, Mike Sunnucks, cites the opinion of attorney and employment law expert Gregg Lemley: "The ruling could make it harder for employees to prove age discrimination, because the burden of proof remains with the plaintiffs and can't be put on the employers [...] Lemely said the decision is a big win for employers."
For more information on Gross v. FBL Financial Services:
David G. Savage's Supreme Court makes age bias suits harder to win (LA Times)
The AP's Court makes it harder to prove age discrimination (contributor: Sofia A. Mannos)
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