Quote:
Originally Posted by Hadleyite
I noticed today that activist judges on the Supreme Court overturned previous standards for evaluating discrimination complaints. They have now passed the burden of proof in age discrimination complaints to the person suing. Even though the person may demonstrate that age was a factor in their suit, they have now shifted the burden of proof and made it extremely difficult to win such a case.
This deviates from previous rulings and establishes a new policy by judges who wish their views to replace that of our elected representatives.
|
For those interested in this case, the SCOTUS decision can be seen at
http://supreme.justia.com/us/557/08-441/ and all of the briefs presented to SCOTUS are at
http://www.abanet.org/publiced/previ...09.shtml#gross .
The Court's decision affirmed an 8th Circuit Court of Appeals ruling with regards to what Congress stated in the Age Discrimination in Employment Act showed that Congress intended that the plaintiff in such cases had to provide direct evidence to show that age was the "but for" cause of a negative employment decision.