2A - The Michigan Daily - Thursday, March 31, 2005 NATION/WORLD Court supports elderly workers NEWS IN BRIEF #a l 3_. ., WASHINGTON (AP) - The Supreme Court made it easier yesterday for any worker over 40 to allege age discrimina- tion, ruling that employersican be held lia- ble even if they never intended any harm. About 75 million people are covered by the decision. The ruling makes it clear that older workers will have a high threshold to prove their claims. Justice John Paul Stevens wrote that in some cases employers are within their rights to treat workers differently because of age. "Age ... not uncommonly has rel- evance to an individual's capacity to engage in certain types of employment," wrote Stevens, who at 84 is the court's oldest member. The ruling sides with older police officers in Jackson, Miss., in saying they do not have to prove that the city deliber- ately tried to discriminate against them, just that the policies disproportionately harmed them. Nevertheless, the high court dismissed the suit, saying officers did not demonstrate that. The ruling means that older workers now have less of a burden to raise their claim in court when suing under federal law, although ultimately it may still be hard for them to win. The decision was unanimous in dis- missing the police officers' suit, but 5-3 in holding that such suits are permitted under age-discrimination laws. Chief Justice William H. Rehnquist did not participate in the decision, which was heard in November when he was being treated to thyroid cancer. "This is a major boost for the fight to eliminate age discrimination in the workplace. Evidence that an employer is intentionally out to get older workers is very hard to come by," said Laurie McCann, senior attorney for AARP. The Supreme Court already has said the so-called disparate impact claims are allowed under Title VII of the ee oft 1964 Civil Rights Act, which bans correlation discrimination based on sex, reli- an individu gion or race. On Yesterday, justices her ability said it should be no different for age her job." discrimination, - San although it ruled Su the scope of liabil- ity is narrower. At issue was workplace polices that appear neutral but actually disproportionately hurt older workers. Advocates for the aging say few employers would ever be up front about intentionally favoring younger workers, making age bias claims hard to win absent the rare "smoking gun." Employers say allowing disparate impact claims under the Age Discrimina- tion in Employment Act would hinder their e t nd pr ability to make necessary decisions based on age-neutral factors, such as training or performance, even if the impact happens to be greater on older workers. The ruling in some ways strikes a compromise between the two. It allows older workers to make a dis- parate impact claim under the ADEA regardless of intent; but at the same time, it permits an employer to cite "rea- sonable" factors, such as cost-cutting, to justify a practice that penalizes n is a older workers so between it prevails at trial. Justice Sandra al's age and Day O'Connor agreed that the o perform police officers' suit should be dis- missed but argued ra Day O'Connor that ADEA bars erne Court Justice disparate impact claims. She said Congress never intended such lawsuits because employers should have flexibility to make business decisions that might unintentionally hurt older workers. Because older workers tend to be longtime employees with higher pay and more benefits, a business might inadvertently violate the law when it cuts expenses, even if no ill intent was involved, O'Connor noted. Her concur- rence was joined by Justices Anthony Kennedy and Clarence Thomas. "There often is a correlation between an individual's age and her ability to per- form her job," O'Connor wrote. "That is to be expected, for physical ability gen- erally declines with age, and in some cases, so does mental capacity." The work-force is steadily aging, and the government predicts that by 2010, more than half of all workers are expected to be 40 or older. Despite the aging trend, lawyers say employers often have economic incen- tives to weed out older workers. That's because longtime employees may have higher medical bills and have locked in more expensive salary and benefit agreements. In the Mississippi case, 30 officers and dispatchers sued over a pay perfor- mance plan they said gave substantially larger pay raises to employees with five or fewer years of tenure; as a result, that had an unfavorable impact on employ- ees 40 and over. The lower courts threw out the suit, reasoning that disparate impact claims were barred. In its ruling yesterday, the Supreme Court said that while police officers can get into court to show unfavorable impact, they failed to do so here. It said the city's explanation that it was trying to make salaries for junior officers more competitive with similar positions was "reasonable." VATICAN CITY Pope given feeding tube for recovery Pope John Paul II is getting nutrition from a tube in his nose, the Vatican said Yes- terday, shortly after the frail pontiff appeared at his window in St. Peter's Square and managed only a rasp when he tried to speak. Vatican spokesman Joaquin Navarro-Valls said the step was taken to "improve the pope's calorie intake" and so he can recover his strength. It was unclear when the tube was inserted, but it was not visible when John Paul made his appearance. The tube is not the only source of nutrition for the pope, a Vatican official said on condition of anonymity. Asked about reports of a possible hospitalization, the official said there were no plans at this time and any decision would be up to his doctors. The medical report was the first issued on the pope since March 10. The statement appeared indirectly to deny media reports that the 84-year-old pope might be hospitalized again to insert a feeding tube in his stomach because of problems swallowing food. PINELLAS PARK, Florida Atlanta court denies parents' appeal With time running out for Terri Schiavo, a federal appeals court Yesterday rejected her parents' latest attempt to get the brain-damaged woman's feeding tube reconnected. The Atlanta-based 1lth U.S. Circuit Court of Appeals agreed to consider an emer- gency bid by Bob and Mary Schindler for a new hearing in their case, raising a flicker of hope for the parents after a series of setbacks in the case. But the court rejected the bid 15 hours later - the fourth time since last week the court ruled against the Schindlers. "Any further action by our court or the district court would be improper," wrote Judge Stanley E Birch Jr., who was appointed by former President Bush. "While the members of her family and the members of Congress have acted in a way that is both fervent and sincere, the time has come for dispassionate discharge of duty." The decision came as Schiavo approached her 13th day without food or water. JERUSALEM Settler: Disarmament should be mandatory Jewish settlers should hand over their weapons before the planned Gaza with- drawal this summer to prevent any chance of bloody confrontations with Israeli troops over the dismantling of settlements, a settler leader said yesterday. The proposal by ultranationalist lawmaker Effie Eitam marked the first time a settler leader acknowledged the potential for violence among settlers during the withdrawal. Eitam and another prominent settler, Bentsi Lieberman, said troops should also be barred from carrying firearms at the time. "Then we will also ask the settler community to freely give up their weapons several days before the (evacuation) so that all of us can enter this struggle with clean hands, and that it will be limited to what can be done democratically," Eitam told Israel Army Radio. Many Jewish settlers in Gaza and the West Bank are armed, and settler leaders have warned that extremists could be planning to fire on authorities during the withdrawal, set to begin this summer. INDIANAPOLIS, Ind. Lawmakers protest new voter ID legislation Legislation that would require voters to show photo identification before casting ballots has touched off fierce debate in three states, with opponents complaining the measures represent a return to the days of poll taxes and Jim Crow. Lawmakers in Georgia and Indiana walked off the job to protest the proposals, which they say would deprive the poor, the elderly and minorities of the right to vote. Wisconsin Gov. Jim Doyle, a Democrat, has already vetoed a similar measure and has vowed to do so again. Republicans argue the bills would restore voter confidence and eliminate. fraud without overly burdening voters, most of whom have driver's licenses or photo IDs anyway. "I want everyone to be able to vote - once," said Indiana state Sen. Victor Heinold, a Republican. A Laura Bush lands in Kabul to aid women 's rights 01 KABUL, Afghanistan (AP) - Inspired by Afghan women who have boldly shed their burgas after years of Taliban repression, Laura Bush urged more educational oppor- tunities and greater rights for women yesterday in this war-wrecked nation. Under heavy security; Bush spent just six hours on the ground after flying nearly halfway around the world. U.S. troops manned M-60 rifles at either end of four helicop- ters that flew the first lady and her entourage to Kabul University. "We are only a few years removed from the rule 'of the terrorists, when AP PHOTO U.S. first lady Laura Bush, center, speaks to some Afghan children after visiting a bakery, rear, in Kabul, Afghanistan, yesterday. women were denied education and every basic human right," Bush said at a teacher training institute. "That tyranny has been replaced by a young democracy, and the power of freedom is on display across Afghan- istan. "We must be mindful though, that democracy is more than just elec- tions. The survival of a free society ultimately depends on the participa- tion of all its citizens, both men and women," she said. "This is possible if institutions like this exist to give women the basic tools they need to contribute fully to society - and the most critical tool of all is an education." She wore an Afghan scarf on her shoulders as she met with teachers and talked with Hamid Karzai, the president of Afghanistan. Stopping at a bakery, Bush filled a box with cookies and paid one dollar. "Good deal," she said. She paused outside the shop to talk with three young children positioned to receive gifts from Bush, who gave them a kaleidoscope and a bookmark. "This matters much more than hundreds of millions of dollars Karzai said of Bush's visit, although the fragile democracy is heav- ily dependent on international aid. "Much more." In remarks to U.S. troops after dining with them at Bagram Air Base, Bush told them, "Millions of Americans are thinking of you and praying for you every single day and one of them is your commander in chief," she said. She said her day of meetings with Afghans found great appreciation for U.S. efforts. "Thanks to you, millions of little girls are going to school in this coun- try," she said. Bush is not the first first lady to venture into a potentially dangerous region. In 1969, Pat Nixon went to Vietnam to visit a hospital and visit with U.S. troops. And during World War II, Eleanor Roosevelt, a Red Cross representative, secretly flew across the Atlantic, shocking Irish farmers when she landed in their fields. Bush's trip, kept secret until the last minute for security reasons, was timed to coincide with a meeting in Kabul of the U.S.-Afghan Women's Council. The group, formed in 2002, pro- motes private-public partnerships between U.S. and Afghan institu- tions to help Afghan women gain the skills and education deprived them under years of the Taliban. The first lady's stops sought to put a positive spin on conditions in Afghanistan where millions of women and girls have returned to work and school since the Taliban was ousted. Equality before the law is now embedded in a new constitution, and some women have abandoned the 0 www.michigandaily.com The Michigan Daily (ISSN 0745-967) is published Monday through Friday during the fall and winter terms by students at the University of Michigan. 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