Shown the Door, Older Workers Find Bias Hard to Prove
70 former Spirit employees have brought a lawsuit to the Federal District Court in Wichita after discovering that nearly half of the employees laid off by Spirit in 2013 were 40 or older. Many of the 164 affected workers have also alleged that they were singled out because of medical conditions, either theirs or their spouses. Few workplace discrimination cases are usually taken to court, because they are complicated and expensive, and often settled out of court. Age bias, especially, is difficult to prove as a result of a tough ruling in a 2009 Supreme Court case, which imposed the standard that plaintiffs have the legal obligation to prove that age discrimination was the prime reason for dismissal. However, lawsuits with respect to age discrimination have been increasing in recent years, as workers claim they are being singled out for workplace reductions. Older employees are often deemed too ‘expensive’ by companies, largely due to their higher pay and costlier medical conditions, but such sentiments are rarely articulated in word or in person.
See "Shown the Door, Older Workers Find Bias Hard to Prove", Elizabeth Olson, The New York Times, August 7, 2017