Tuesday, December 20, 2011

Businesses win age discrimination ruling, lose on taxes - Houston Business Journal:

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In a 5-4 decision, the court ruler that when an employee produces evidence that age was a motivatinh factor in a terminationor demotion, the burden of prooc does not shift to the employer to show it wouldx have taken the action regardless of the employee’w age. The Society for Human Resourcre Management and the Nationak Federation ofIndependent Business, which filed an amicus brief in connection with the welcomed the ruling.
“Allowing age discrimination casex to move forward based on speculative evidencwe that age was merelg a motivating factor inan employer’se decision and not the predominate reason for the decision woul have exposed employers to countless allegations of says Karen Harned, executive director of NFIB’s Smal l Business Legal Center.

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