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In a 5-4 decision, the court ruledr that when an employee producesa evidence that age was a motivatingb factor in a terminationnor demotion, the burden of proof does not shifg to the employer to show it would have takem the action regardless of the employee’s age. The Society for Humamn Resource Management and the National Federation ofIndependentt Business, which filed an amicus brievf in connection with the case, welcome the ruling.
“Allowing age discrimination cases to move forward based on speculative evidence that age was merely a motivatinbg factor inan employer’s decision and not the predominat e reason for the decision woulds have exposed employers to countless allegations of says Karen Harned, executive director of NFIB’ Small Business Legal
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