Friday, October 9, 2009

Gross out

The SCOTUS opinion in Gross v. FBL Financial Services, Inc., No. 08-441, U.S. Supreme Court (June 18, 2009) is the subject of a new bill filed by Senators Harkin (D-IA), Leahy (D-Vt), and Congressman George Miller (D-CA). Their bill is patterned after the Civil Rights Act of 1991. The Act makes clear that when a victim shows age discrimination was a “motivating factor” behind a decision, the burden is on the employer to show it complied with the law.