Michelle Cohen Levy

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Supreme Court to rule in ADEA case

| Oct 28, 2019 | Workplace Discrimination |

Florida residents and others over the age of 40 are generally covered by the Age Discrimination in Employment Act of 1967 (ADEA). This legislation applies to those who work in the private sector as well as for the government. However, the 9th Circuit ruled that age discrimination is acceptable as long as it isn’t the main reason why an employment decision was made. The same conclusion was reached in another case heard by the 11th Circuit.

This conflicted with a ruling that was made by the U.S. District Court of Appeals for the District of Columbia. It said that a plaintiff only needs to show that age bias played some role in an employment decision. As the federal appeals courts were in conflict with each other, the U.S. Supreme Court is expected to make a ruling on the matter. Its ruling will come in the case involving the U.S. Department of Veterans Affairs (VA).

The plaintiff in the matter claimed that she was denied an opportunity to work in a VA patient care program. The 50-year-old woman said that younger workers who were less qualified were allowed to do so. Finally, the lawsuit claims that the woman was retaliated against because she expressed support for two other older workers who had been victims of discrimination.

Individuals who believe that they have experienced employment discrimination may wish to take legal action. This may be possible whether an individual is a private sector or federal employee. If successful, workers might be entitled to compensation for lost wages or other damages related to an employer’s unlawful actions. Legal counsel may help workers obtain compensation or other forms of relief through a lawsuit or by negotiating a settlement. Private talks with an employer may also lead to a favorable resolution.