As I predicted back in June, when the Supreme Court issued it ruling in Gross v. FBL Financial Services, Inc., Congress has taken aim at trying to reverse the Court's decision legislatively.  In June, the Supreme Court's decision in Gross did away with burden shifting under the ADEA, in which once the employee established that age was at least part of the reason for the adverse employment decision, the burden shifted to the employer to show it was not.  In Gross, the Court ruled the burden is upon the employee the entire case to show the adverse action was taken against him or her as a result of their age.  In response last week, The Protecting Older Workers Against Discrimination Act was introduced in Congress.  The bill, if passed, would essentially overrule the decision in Gross by requiring employers, once an employee establishes that age was a factor in an adverse employment decision, to show it complied with the law.  There will be further posts on this bill as it makes its way through Congress.     

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