Leahy Urges Senate HELP Committee To Restore Rights For Older Workers

(05/06/2010)

(RTTNews) -  Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., sent a letter to the Senate Health, Education, Labor and Pensions (HELP) Committee Thursday, urging them to consider restoring civil rights protections for older workers in the wake of the Supreme Court's 2009 decision in Gross v. FBL Financial.

In a 5-4 ruling in June 2009, the Supreme Court ruled that, in order for workers to sue under the Age Discrimination in Employment Act of 1967, they must prove that an employer would not have fired an elder worker "but for" that worker's age.

"In Gross, a divided Court thwarted congressional intent, overturned well-established precedent, and delivered a major blow to the ability of older workers to fight age discrimination, just as it eliminated Lilly Ledbetter's claim to equal pay, until Congress stepped in to set the law right," Leahy said in his letter.

He added, "In these tough economic times, millions of Americans are concerned with the security of their jobs. We cannot let the Supreme Court's wrong-headed decision stand in the way of the financial security of American families."

In October 2009, Leahy introduced the Protecting Older Workers Against Discrimination Act to reverse the Supreme Court's decision. The bill makes it clear that when a victim shows discrimination was a 'motivating factor' behind a decision, the burden is on the employer to show it complied with the law.

Source: RTT News