Court makes it harder to prove age discrimination
Lawyer Blogs
The Supreme Court has made it harder to prove discrimination on the basis of age, ruling against an employee in his mid-50s who says he was demoted because of his age.
In a 5-4 decision Thursday written by Justice Clarence Thomas, the court said a worker has to prove that age was the key factor in an employment decision, even if there is some evidence that age played a role. In some other discrimination lawsuits, the burden of proof shifts to the employer once a worker shows there is some reason to believe a decision was made for improper reasons.
Jack Gross had been a vice president of FBL Financial Services of West Des Moines, Iowa. But in 2001, he lost the title of vice president in a reorganization and two years later, some of his responsibilities were given to a colleague.
Gross sued under the federal Age Discrimination in Employment Act and a jury agreed that his age was a motivating factor in his demotion. Gross was awarded $46,945 in lost compensation.
Related listings
-
Mich. court gives judges say in witnesses' dress
Lawyer Blogs 06/17/2009The Michigan Supreme Court on Wednesday voted to give judges authority over how witnesses dress in court after a Muslim woman refused to remove her veil while testifying in a small claims case. A statewide court rule letting judges regulate the appea...
-
High court won't review 'Cuban 5' espionage case
Lawyer Blogs 06/16/2009Cuban exiles said Monday they were relieved the Supreme Court refused to review the convictions of five intelligence agents for the communist country, despite calls from Nobel Prize winners and international legal groups to consider the case. The con...
-
Court goes further spelling out deportation rules
Lawyer Blogs 06/15/2009The Supreme Court says immigration officials do not have to have a jury determine the financial impact of an immigrant's crime in their deportation decisions. The court, in an unanimous decision Monday, turned away Manoj Nijhawan's appeal. Nijhawan, ...
Is Now the Time to Really Call a Special Education Lawyer?
IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child.
Forte Law Group is one of only a very few law firms within the state of Connecticut that is dedicated to exclusively representing families and children with special needs.
Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer?” Here are a few things to consider when asking yourself that question.