Support Victims of Age Discrimination

Resolution Number BRGL09.11

Support 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 urge 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.

Authors: Roz Teller (AD43) and Craig Athon (AD49)
Sponsored by Los Angeles County Democratic Party
 
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Adopted by the Executive Board
Of the California Democratic Party
At its Executive Board Meeting
Crowne Plaza Hotel, Burlingame
July 19, 2009

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