Employers win, workers lose in Supreme Court age discrimination ruling - New Mexico Business Weekly:

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The 5-4 decision will make it hardee for older workers to prove they were treated unfairlgy bytheir employers. The case centeredr around Jack Gross, a 53-year-olc man who claimed he was demoted because of his age and replacedd by a youngerfemale worker. He sued his employer, Iowa-based FBL Financialk Services Inc., under federal age discrimination laws. Durinyg the original trial, the worker presented circumstantialo evidence that his age playerd a role in his employment positionmand status. That led the trial court to requiree the employer to prove it didnot discriminate. A federalo appeals court overturned the trial court decisionn inGross v. FBL Financial Services Inc.
The Supremd Court concurred. In the majority decision, written by Justice Clarence Thomas, the court sided with the employer, saying it did not have to proved that it did not discriminateagainst Gross. Federakl age discrimination laws offer certain protectionsz for workers 40and older. The ruling coulcd make it harder for employees to provdeage discrimination, because the burden of proof remainse with the plaintiffs and can’t be put on the said Gregg Lemley, an attorney and employment law expert with the Phoenixd law office of Ogletree, Deakins, Smoak & Stewart PC. Lemley said the decisionh is a big winfor employers.