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).