Small Business Wins Big on Age Discrimination

Small business scored a big win when the U.S. Supreme Court found that in order for an employer to be liable for age discrimination, the employee has to prove that age was the actual cause of the adverse action. The Legal Center filed a brief in the case, lobbying the court to side with the employer.

“The Court’s decision severely limits ‘check-the-box’ lawsuits where all an employee has to do is say he or she was 40 or over and then it’s up to the business to prove that there was no discrimination,” says Karen Harned, Executive Director of the Legal Center.  “Just because someone is 40 or older does not mean discrimination took place. Employees must be required to prove more than their age at the time an employer made an adverse decision to show discrimination.

“Putting the burden on the business owner to disprove age discrimination could easily lead to a gaming of the system where employers are forced to settle claims they are confident would not prevail in court,” Harned says. “For small business owners, settlements of even $5,000 and $10,000 can really have an impact on their bottom line, since they are already operating on razor thin margins."

For more information on this case, view the Legal Center's brief, or view the U.S. Supreme Court's opinion.