Sunday, June 28, 2009
Joyce Lain Kennedy :: Townhall.com Columnist
Court Puts Age Bias Burden of Proof on You
by Joyce Lain Kennedy
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DEAR JOYCE: You've written helpfully about age bias, but the Supreme Court's recent decision -- Gross v. FBL Financial Services Inc. -- strips away key legal protections for senior employees. I feel like being over 50 has become an incapacitating illness. Is there a chance Congress will respond to the ruling with legislation? -- B.H.

I think there's a good chance that Congress will act to overturn this age discrimination decision, just as it did earlier this year in a pay discrimination case. The Lilly Ledbetter Fair Pay Act was recently signed into law by President Obama.

Here's the gist of the age discrimination case and what it means for you. The plaintiff rose through the ranks at FBL but was demoted at age 54. After Gross sued under the Age Discrimination in Employment Act (ADEA), a jury awarded him nearly $47,000, finding that FBL did, in fact, slide him down the ladder because of his age.

But an appeals court disagreed, and the case was kicked up to the Supreme Court. The court, in a narrow 5-4 decision, found for FBL. The majority opinion said that in an age bias case, an employee has to prove age was the only reason he or she was fired, demoted or suffered some other work setback. The court held that under ADEA, age can't merely be one of various factors that resulted in an adverse employment action.

That interpretation sets ADEA apart from Title VII, which prohibits discrimination based on race, sex, color, national origin and religion. A Title VII plaintiff needs only to show that minority status was one of the reasons leading to an employer's decision.

Net effect: As things stand, the current Supreme Court has now made it almost impossible for employees to prove age discrimination under a law passed 42 years ago. Cross your fingers for a quick congressional correction.

DEAR JOYCE: I'm bouncing off the walls trying to get hired. My roadblock is getting interviews. I've only had one in the past six weeks. What can I do? -- R.R.

You're not selling what employers are buying, you're looking for work in the wrong places, you don't stand out, your marketing materials are lame, you're not using your personal network to set up interviews, you don't follow up -- any number of brick walls could be the source of your frustration. Here are two resources to energize your search: The first is a short online freebie that laundry-lists problems in securing interviews. The other is a modestly priced new book with information on how to stand out that you probably haven't read before.

1. Browse for "10 Reasons Why You're Not Getting Interviews" by Robert Half International.

2. "The Complete Idiot's Guide to Branding Yourself" by Ray Paprocki and Sherry Beck Paprocki (Alpha Books). This book, written by two savvy journalists, is filled with tips on showing who you are and what you can do, and how to reach your target audience (think employer). It includes advice on using your resume to champion your accomplishments, and on tuning up your personal brand through community activities, cell phone, text messages and e-mail. Importantly, the authors explain techniques for reinventing your brand with the changing times -- especially in days of economic hardship. Continued...

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About The Author

Joyce Lain Kennedy is a syndicated columnist focusing on business and career issues.

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