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Special Employment Edition

January 01, 2009

Giving Careful Consideration Before Conducting Reductions-In-Force: US Supreme Court Holds That an Employer Must Prove it has a Legitimate Reason Other Than Age When it Makes an Employment Decision that has a Disparate Impact on Older Workers

In its most recent ruling on the Age Discrimination in Employment Act (“ADEA”), the United States Supreme Court in Meacham v. Knolls Atomic Power Laboratory has ruled that, when an employer engages in an employment action, such as a layoff, and a disparate number of the laidoff employees are over forty (40) years old, the employer, in any law suit, must prove that it had a reason other than age for its actions.

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For more information, please contact:

Diane Marie O'Malley

415-995-5045 Direct Phone
415-995-3459 Fax

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