04/21/2008
CONTACT: Melissa Sharp, 202-314-2068
NFIB Legal Expert Karen Harned Available for Comment
To schedule an interview contact Melissa Sharp at 202-314-2068 or Melissa.Sharp@NFIB.org
Washington, D.C.--On Wednesday, April 23, the U.S. Supreme Court will hear oral arguments in an employment law case important to small business owners. The National Federation of Independent Business Small Business Legal Center filed an amicus brief in this case, and Karen Harned, executive director of NFIB's Legal Center, will be available for comment on this case this week.
The case before the court, Meacham v. Knolls Atomic Power Laboratory, considers who bears the burden of persuasion in claims based on the Age Discrimination in Employment Act.
The Supreme Court is being asked to determine whether the employer or the employee bears the burden of persuasion in proving that a business decision, such as a decision to terminate a group of employees, was unreasonable. If an employment decision is proven to be unreasonable, an employee may then be able to prove that the decision was discriminatory and made in violation of the ADEA. In its brief, NFIB urges the court to find that once a business has provided a legitimate business reason for their action, it is then the employee's burden to prove that the business' legitimate decision was unreasonable and discriminatory.
"Employers shouldn't be forced to prove twice that their actions are reasonable," said Harned. "The court should enforce the law and say that once a business has developed and articulated a reasonable plan for an employment decision, the employer has done its job and the burden falls to the employee to show why that decision was unreasonable."
This case is important to small employers who have to defend business decisions they make against allegations of violating the ADEA. Additionally, the outcome of this case will guide employers on how they can and can not conduct reductions in forces and other structural decisions related to salaries and promotions.
