Professor Michael Foreman was asked to lend his expertise at a public meeting held by the EEOC on Nov. 17 to examine the impact of the current economic climate on older Americans. The director of Penn State Law's Civil Rights Appellate Clinic explained the impact of Gross v. FBL Financial Services on older Americans as part of a panel focused on current legal issues.
"Prior to Gross, plaintiffs faced an uphill battle in discrimination claims. Because Gross eliminated one method of proving age discrimination, plaintiffs now find it even more difficult," his written testimony explained. "Consequently, Gross means that many plaintiffs will never see their day in court."
The Supreme Court's 2009 decision overturned well-established precedent and changed the burden of proof on older workers in age discrimination cases. Professor Foreman has been a critic of the decision and recently published a law review article titled "Gross v. FBL Financial Services -- Oh So Gross!"
In addition to directing the Penn State Law Civil Rights Appellate Clinic, Foreman teaches an advanced employment discrimination course. Prior to joining Penn State Law, he served as the deputy director of legal programs for the Lawyers' Committee for Civil Rights Under Law, where he was responsible for supervising all litigation in employment discrimination, housing, education, voting rights and environmental justice areas since 2001.