Written By: Rodrigo C. Tordecilla

The Supreme Court seems to have created an obstacle for employees wanting to file lawsuits for being fired based on age discrimination. In a 5-4 decision, the Court held that the language of the Age Discrimination in Employment Act prevents an employee from establishing age discrimination when age is only one of many motivating factors. The majority held that employees must now show that their age was the main determinative factor in their firing or for any other adverse action taken against them.

According to lawyers for both employees and employers, the purpose for this decision is to eliminate mixed-motive cases under the Act in which age is one of several factors that leads to an employer’s action. The words of the ADEA bar discrimination “because of” the employee’s age according to Justice Thomas.  Justice Thomas, along with fellow Justices Roberts Jr., Scalia, Kennedy, and Alito Jr., has emphasized that the plain language of the ADEA puts the burden on the plaintiff to show that but-for their age, the plaintiff would not have been terminated nor subjected to any other adverse action. 

Justice John Paul Stevens expressed vigorous dissent from the majority opinion explaining that the but-for standard decided by the vote was rejected by Congress when it amended Title VII in 1991. He went on to say that adopting such an interpretation of the causation requirement in the Age Discrimination Employment Act that differs from the language of Title VII was inappropriate.

Because of this recent development, it is important that all individuals who may have a viable age discrimination lawsuit against their employers retain competent representation. The lawyers of the law firm Leeds Morelli & Brown, PC, located in Nassau County, New York, are well versed and very experienced in lawsuits involving any sort of employment discrimination. 

To schedule an appointment for free consultation with a lawyer at Leeds Morelli & Brown, PC regarding possible employment discrimination, please call 1-888-5-JOBLAW (1-800-585-4658).

It seems former University of Kentucky men’s basketball coach Billy Gillespie has a little more to worry about than his future prospects as a basketball coach after his firing from Kentucky.  He was fired in large part due to his 8-8 record in SEC play and an early exit from the NIT tournament in the 2008-2009 NCAA men’s basketball season.  Gillespie filed a breach of contract suit in Dallas, TX for his termination of employment and is seeking in excess of $6 million in lost salary and punitive damages.

One day after Gillespie filed his employment suit, the University of Kentucky responded with a counter-suit of its own in Franklin Circuit Court in Kentucky.  The University claims, among other things, that it never breached Mr. Gillespie’s employment contract because Gillespie never actually signed a long-term employment contract.  What they claim Gillespie signed upon his hiring in 2007 was actually a “memorandum of understanding,” and as such, this memorandum is not enforceable as a long term contract.

The University and its lawyers also claim that Gillespie rejected several long-term employment contracts because of the language of their termination clauses and therefore Gillespie is not entitled to the salary he believes he is owed.  What that means is that Mr. Gillespie may be out the $1.5 million per year over the remaining four years on his “contract.”

Before the courts decide whether or not Gillespie is entitled to his future salary, they must first determine whether jurisdiction is proper in Kentucky or Texas.  This determination will play a crucial role in deciding to whom the judge will be most sympathetic.  It seems like Gillespie is in store for a long battle; only this battle won’t be happening on the type of court to which he’s become accustomed.

The attorneys of renowned employment law firm Leeds, Morelli, and Brown, PC are well versed in the type of dispute in which Gillespie is involved.  They welcome anyone who believes they have been wrongfully terminated or have any questions regarding their legal recourse for disputes arising out of their employment.  To schedule a free consultation with an associate at Leeds, Morelli, and Brown, PC, please call 1-888-5-JOBLAW (1-800-585-4658) or visit www.lmblaw.com.