U.S. Supreme Court Expands Age Bias Claims for Public Sector Employees

Posted on April 21st, 2020 at 5:00 PM
U.S. Supreme Court Expands Age Bias Claims for Public Sector Employees

From the Desk of Jim Eccleston at Eccleston Law LLC:

The U.S. Supreme Court ruled that public sector employees can sue their employer when age bias has any effect on an adverse employment action.  In doing so, the Supreme Court vacated a ruling by the Eleventh Circuit, which found that a public sector employee was required to show that the adverse employment action would not have happened if the individual was younger. 

Importantly, the Supreme Court noted that this standard does not apply when someone is seeking reinstatement of their job, back pay and compensatory damages.  To be awarded those remedies, the plaintiff must show that the “personnel action would have been different if age had not been taken into account[.]”  The Supreme Court held that “if age discrimination played a lesser part in the decision, other remedies may be appropriate.”

Additionally, the Supreme Court noted that this standard does not apply to private sector employers.  In its opinion, the Supreme Court acknowledged a 2009 ruling that held that plaintiffs must show that age was the “but-for” cause of an employment action to prevail in an age discrimination case against a private employer.

The attorneys of Eccleston Law LLC represent investors and advisors nationwide in securities and employment matters. The securities lawyers at Eccleston Law also practice a variety of other areas of practice for financial investors and advisors including Securities FraudCompliance ProtectionBreach of Fiduciary DutyFINRA Matters, and much more. Our attorneys draw on a combined experience of nearly 65 years in delivering the highest quality legal services. If you are in need of legal services, contact us to schedule a one-on-one consultation today.

Related Attorneys: James J. Eccleston

Tags: eccleston, eccleston law, james eccleston, public sector, supreme court, eleventh circuit

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