1530 The Alameda, Suite 115, San Jose, CA 95126

Blog
Email UsEmail Us

FREE CONSULTATION

408-246-5500

Search

FREE CONSULTATION

408-246-5500

Providing legal counsel to San Jose and the Bay Area for over 30 years in the areas of criminal defense, personal injury, employment and disability law.
Group Photo
Se habla español|Chúng tôi nói tiêng Việt

AARP Announces Support for Age Discrimination Bill

Posted on in Employment

A piece of legislation that aims to modify a 2009 Supreme Court decision that made it more difficult for older workers to allege age bias in the workplace, has received strong support.

The AARP announced its strong support for the legislation that has been sponsored by Senators Tom Harkin, Democrat-Iowa and Chuck Grassley Republican-Iowa. The bill is called the Protecting Older Workers against Discrimination Act. It is designed to modify the Supreme Court ruling delivered in Gross vs. FBL Financial Services Inc.

Before the Supreme Court decision in the Gross vs. FBL Financial Services Inc case, an employee could prove that age was the main motivating factor in any instance of age discrimination, by proving that the same action would have been taken even in the absence of the discrimination. However, after the 2008 Supreme Court decision, employees have a much higher responsibility to prove age discrimination. Now, for a person to allege age discrimination, he must prove that the employer would not have taken the adverse employment-related action, but for the age of the worker.

According to the AARP, a legislation that protects older workers will be especially necessary, as the workforce in the United States ages. By 2016, it is expected that is one-third of the American workforce will be aged 50 or above. That is an increase of approximately 28% from 2007.

AARP surveys have found that at least one third of older citizens say that they have personally either faced age discrimination or have witnessed some form of age bias in the workplace.

CALL TODAY FOR A FREE CONSULTATION

SPEAK DIRECTLY WITH OUR EXPERIENCED SAN JOSE ATTORNEYS

TOLL FREE

408-246-5500

OR

800-576-4210
Back to Top