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Pennsylvania Employee Law Blawg > Posts > New York Times Comments on Gross v. FBL Financial Services, Inc.
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7/7/2009
Today’s New York Times editorial criticized the recent holding of the United States Supreme Court in Gross v. FBL Financial Services, Inc. I Blawged about that case on June 18. The Times argues that the Court’s holding “disregarded legal precedent, longstanding practice and the plain reading of statutory language.” The editorial also argued that as a result of the Court’s ruling, all litigants under the Age Discrimination in Employment Act will now “bear the full burden of proving that age was the deciding factor….” Before Gross, under the ADEA an employee could survive summary judgment if it could show that his/her age was one reason for his/her termination. Upon that showing, the burden then shifted to the employer to demonstrate that it had a legitimate non-discriminatory reason for the termination. The editorial calls for Congress to pass legislation to overturn the Court’s holding. For a full copy of the editorial click here. |
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