A test case for age bias claims

Key high court case on direct evidence, burden of proof.

, The National Law Journal

Age discrimination — the fastest growing category of job bias complaints filed last year with the Equal Employment Opportunity Commission — is the backdrop for a U.S. Supreme Court challenge asking a key question about what employees and employers must prove when litigating cases under the Age Discrimination in Employment Act (ADEA). At issue is what kind of evidence of discrimination the employee must show in these types of cases before the burden shifts to the employer to prove it would have taken the same action absent discrimination.

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