Wednesday, September 30, 2009

The Gross Fair Age Discrimination Prevention Act?

Capitoldome

It might just be that the awful ADEA mixed-motive case of Gross v. FBL (following the Price Waterhouse dissent and requiring "but for" causation in these cases) may suffer the same fate as the equally awful Ledbetter pay discrimination decision: Congressional reversal.

From Philip Miles of Lawffice Space:

The Senate Committee on the Judiciary has scheduled a hearing on, and I quote, "Workplace Fairness: Has the Supreme Court Been Misinterpreting Laws Designed to Protect American Workers from Discrimination?" The witness list includes:

    * Jamie Leigh Jones of the Jamie Leigh Foundation, an organization dedicated to victims of crime working overseas for government contractors and subs;
    * Prof. Michael Foreman from my undergrad alma mater, Penn State, where he directs the Civil Rights Appellate Clinic at the law school; and
    * Jack Gross, plaintiff in Gross v. FBL Financial.

I agree with Philip that some Senators, like Leahy, are targeting the Gross decision for annihilation, but I also agree with him that, "it's just a hearing and to my knowledge no precise action has been proposed."

PS

http://lawprofessors.typepad.com/laborprof_blog/2009/09/the-gross-fair-age-discrimination-prevention-act.html

Agenda 2009, Employment Discrimination | Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef0120a60406df970c

Listed below are links to weblogs that reference The Gross Fair Age Discrimination Prevention Act?:

Comments

I feel ofended that corporations are protected by the
Goverment with their guidelines, and is very hard to get a lawyer that will take my case,because is hard to prove how I was discriminated, just because White
Memorial Pediatrics thought that I was getting to much benefitsbecause of seniority, many hosital and corporations are practising the getting rid of you, "you cost too much to kep you" they are very kind by laying you off, and say they will call you
later, I worked 21 years with this company and was given my paycheck and good by no warnngs.
However if it was one of the Seniors seniors at the White House or the Senate, the media would make sure
it was heard abot and "victim" would walk out with millions in their pocket. Sad bu ishe truth.

Posted by: Maria Dolores Juarez | Sep 30, 2009 1:18:01 PM

Post a comment