...if a worker could show age was one of the factors in a layoff or demotion, then the employer was required to prove it had a legitimate reason for its action apart from age...
Supreme Court rules DNA tests for prisoners not a constitutional right
The court's conservative majority, led by Justice Clarence Thomas, threw out this two-step approach. Instead, the court said, workers bear the full burden of proving that age was the deciding factor in their dismissal or demotion.
This is the most egregious example of an activist Supreme Court legislating from the bench in a generation.
Federal and State law, long-standing court decisions, and just-plain common sense tell us that this decision is very very wrong. Yet, the tyranny of a few politically motivated Supreme Court justices is threatening protections that should be common to all of us as a matter of human rights, in so many ways including this decision.
Let's hope that Congress can correct this soon.
