UPDATES & ANALYSIS

5.11

Nyemaster Goode Attorneys Comment on Legislation That Would Overrule Supreme Court Decision

by Iowa Appeals Blog | May 11, 2012

Under the Age Discrimination in Employment Act, an employer may not discriminate against an employee “because of” his or her age. Although the phrase “because of” does not seem so ambiguous, the U.S. Supreme Court was asked to interpret those words three years ago in Gross v. FBL Financial Services, Inc. Based on the arguments of Nyemaster Goode attorneys Frank Harty and Deb Hulett and their former colleague Jordan Hansell, the Court ruled that “because of” means “but for”—that is, but for age discrimination, the employee would not have been fired.

Iowa Senators Charles Grassley and Tom Harkin disagree with that ruling, and they have introduced legislation to overrule it.  In this Spring’s Defense Update, Harty and Hulett critique that legislation and discuss its implications.  The article, titled POWADA: A Gross Overreaction, is here.

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