Part I: Age discrimination could become tougher to prove

On Behalf of | Apr 21, 2020 | Employment Law

Two years ago, an AARP study found that nearly two out of three workers age 45 and above had seen or experienced workplace age discrimination. More than 90 percent of those who had witnessed or experienced age discrimination said they believed that it was common.

If the Trump administration has its way, age discrimination in the workplace might become even more common, and even harder to prove in court.

Earlier this year, the U.S. Supreme Court heard Babb v Wilkie, an age discrimination case involving a pharmacist (Babb) who worked at a Veteran Affairs Medical Center as part of a team developing a program for older vets. (The VA later adopted a program based on the one Babb’s team developed.)

Babb and female co-workers – all of whom were over 50 – applied for promotions, training and clinical positions, but were denied career advancement. Instead, the VA promoted two women who were both under 40.

Babb filed a claim of age and gender discrimination, but the court sided with the VA. She appealed the decision, arguing that the court had erred by using a too-narrow standard for determining discrimination.

We will have more on this case that wound up before the U.S. Supreme Court in January in an upcoming blog post. Please check back.

If a Milwaukee employer has denied you a job, a raise or a promotion because of your age, or has fired you on the basis of your age, contact the law office of Alan C. Olson and Associates to schedule a video or phone consultation.


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