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NATIONAL DESK | March 31, 2005, Thursday
JUSTICES REMOVE HURDLE TO SUITS ALLEGING AGE BIAS
By LINDA GREENHOUSE (NYT) 1021 words
Late Edition - Final , Section A , Page 1 , Column 1
ABSTRACT - Supreme Court rules that workers who sue their employers for age discrimination need not prove that discrimination was intentional; court's 5-to-3 decision adopts pro-worker interpretation of federal law that prohibits age discrimination in employment; holds that employees can prevail by showing that policy has discriminatory impact on older workers regardless of employer's motivation; decision removes requirement imposed by several lower federal courts, that employees produce proof of motivation; since that proof is often elusive, many lawsuits have been dismissed before trial; Supreme Court's decision will allow employers to defend themselves by proving that challenged policy is based on 'reasonable factors other than age'; in fact, court accepts that defense in case at hand, lawsuit brought by group of older police officers in Jackson, Miss, who challenged city's decision to give proportionately more generous raises to officers with less than five years on force, most of them younger; court finds differential raises 'unquestionably reasonable' when city says it needs to make its officers' salaries more competitive with other police departments in region in recruiting and retaining officers.