Time for a tour around the Law Court to see what our SJC has been up to recently, opinion-wise.
Two decisions came out yesterday of note:
This was on a certified question from the District Court of Maine pursuant to 4 M.R.S. § 57, asking whether Maine’s anti-age discrimination statute, 5 M.R.S. § 4572(1)(A), applies a “reasonable factor other than age” test in disparate impact cases, or “business necessity” test.
It’s easier for an employer to meet the “reasonable factor” test, which is used in the federal counterpart ADEA. Basically, if all the old folks are earning more, and the company is in a money crunch, then the company can get rid of the oldsters more easily under that test. In contrast, the federal statute uses the “business necessity” test for Title VII, harder for the company to prove. Johnson, Webbert & Young argued for the employee,