Resolution in Support of Victims of Age Discrimination

Resolution in Support of Victims of Age Discrimination

Whereas, in difficult economic times, companies have financial incentives to discriminate against older, higher paid employees when making employment decisions concerning promotions, demotions, layoffs and the like; and

Whereas, the Age Discrimination in Employment Act of 1967 (ADEA), makes it unlawful for an employer to take adverse action against an employee “because of such individual’s age,” and when the exception of “a reasonable factor other than age” is raised against an individual claim of discriminatory treatment, the employer bears the burden of showing that the “reasonable factor other
than age” exists factually and

Whereas, the Supreme Court has recently limited the ability of older Americans to claim discrimination based on age by putting the burden of proof on employees to show, by a preponderance of the evidence, that age was the “but-for” cause of the challenged adverse employment action even when there is evidence that age was a motivating factor;

Therefore be it resolved, that the California Democratic Party urges Congress to take action to remedy the actions of the Court and make it clear that discrimination based on age is unacceptable and where there is evidence of such discrimination the burden of proof is on the employer to show that it would have taken the action regardless of age, and

Be it further resolved, that this resolution be forwarded to the California Congressional Delegation and Senators Boxer and Feinstein

Author: Roz Teller 43rd AD and Craig Athon 49th AD

Passed by LACDP 07/14/09

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