SCOTUS ruling makes age discrimination more difficult to prove

The Denver Post (6/22) editorializes, "A U.S. Supreme Court decision last week made it significantly more difficult - too difficult, we think - for older workers to prove age discrimination claims." The decision, "which came on a 5-4 vote, means workers have to prove their age was the key reason for the employment decision in question, regardless of whether there is at least some evidence that age was a motivating factor."

The practical impact of the decision "will be to create an unfair distinction between age discrimination cases and other types of discrimination cases based on gender, race and ethnicity." The Post argues, "The remedy for this situation is for Congress to amend the Age Discrimination in Employment Act so the burden of proof mirrors that in Title VII of the Civil Rights Act, under which other discrimination cases are brought."

As a personal injury lawyer who has seen many employment discrimination cases in the Chicago area, I am concerned that the new Supreme Court Ruling makes it too difficult to prove age discrimination and will leave many worthy victims uncompensated.