More Labor/Employment Decisions from US Supreme Court

I previously had written that the US Supreme Court was going to hear argument on several important labor and employment related decisions.  Since that time, the Court did render a decision in one case, and last week the Court handed down decisions in four others, including the other case that was the subject of my prior post.

In Meacham v. Knolls Atomic Power Lab (06-1505), the Court held than an employer who is subject to a claim of disparate impact age discrimination (meaning that although a practice does not have the intent of discriminating on the basis of age it nonetheless has a disproportionate adverse impact on older workers) has the burden of proving some other non-age-related business reason for the complained-of action.  This means that as an employer you better be able to provide a rational basis for your employment  decisions that will have an adverse impact on employees who are over 40.


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