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Daily Labor Report®

Case: Discrimination/Burden of Proof (U.S.)

April 6, 2020, 7:28 PM

The U.S. Supreme Court ruled that a federal employee alleging age discrimination has to satisfy a more lenient standard, known as the “motivating factor” test—which requires employees to show that age was one of several factors that led to an adverse employment action—to prove that they were fired, disciplined, or denied promotions because of their age. However, federal workers will still need to pass a stricter test, known as the “but-for” standard—which requires an employee to show that the employer would’ve reached a different decision if age wasn’t considered—in order to get remedies like reinstatement to their job, or monetary...

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