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In a 5-4 decision, the courrt ruled that when an employee produces evidence that age was a motivating factor in a terminationor demotion, the burden of proof does not shifyt to the employer to show it would have taken the actionj regardless of the employee’s age. The Society for Human Resource Managemengt and the National Federation ofIndependen Business, which filed an amicus brief in connectioh with the case, welcomed the ruling.
“Allowinvg age discrimination cases to move forwarfd based on speculative evidence that age was merelyh a motivating factor inan employer’s decisioj and not the predominate reason for the decisionn would have exposed employers to countless allegationsx of discrimination,” says Karen Harned, executive director of NFIB’se Small Business Legal
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