Lew Rockwell on the tyranny of age-discrimination laws:
Concerning the issue of age discrimination, the Supreme Court in Meacham v. Knolls said that the burden of proof resides on the employer. If a company lays off too many older people (meaning, incredibly, people older than 40), it is under the gun, and must show that factors other than age account for the disparate impact. Otherwise, the courts will rule in favor of the plaintiffs and the business will be forced to fork over, even to the point of bankruptcy.
The age-discrimination law in question is 40 years old and an embedded part of the machinery of social planning by the courts. This decision is yet another move toward government control, but the real problem is more fundamental. Step back and think what it means for the government to make and enforce such a law.
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