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Ruling Protects Workers From Age Bias

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Los Angeles Times

Published: June 20, 2008

WASHINGTON - The Supreme Court gave the nation's older workers stronger protections against age bias Thursday, ruling that employers who are sued must prove their layoff policies are reasonable and do not have an unfair impact on employees because of their age.

The 7-1 decision puts private companies and public agencies on notice that they must defend the criteria they use for layoffs if the cutbacks disproportionately affect older workers.

For example, when employers see a need to reduce the work force, they sometimes rate their workers in deciding who is to be let go. Usually, the ratings focus on specific skills and can include subjective criteria such as "flexibility" or "creativity."

In the past, the Supreme Court has said older workers can sue for age discrimination when layoffs hit older workers hardest. Until Thursday, it was unclear whether the workers who were suing had to prove the criteria used by the company were unfair, or instead whether the company had to prove they were reasonable.

The justices decided on the latter.

"The burden is properly placed on the employer," said Justice David Souter. "There is no denying this makes it harder and costlier to defend" against such lawsuits, he added.

Advocates for older workers, including AARP, hailed the decision.

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