Double Jeopardy
The Supreme Court ruled against the standard that people suing their employers for age discrimination had to prove that the discrimination was intentional.
So here's a scenario. What if last year, an old discriminated man lost his court case because he couldn't prove that his employer was doing it intentionally? Would he be able to get redress this year, under the new ruling? If so, would it go against our double jeopardy amendment?
So here's a scenario. What if last year, an old discriminated man lost his court case because he couldn't prove that his employer was doing it intentionally? Would he be able to get redress this year, under the new ruling? If so, would it go against our double jeopardy amendment?
posted by Rex at 11:10 PM
1 Comments:
Last year's ruling would stand, because the Supreme Court's decision doesn't apply retroactively. If the employer discriminates AGAIN (completely apart from whatever it did last year), the old man can sue again, no problem. Double jeopardy only applies to criminal defendants being tried twice.
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