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Gross v. FBL Financial Services, Inc. (U.S. 2009)

Articles Discussing Case:

End of the Road for Gross v. FBL Financial Services

Ogletree Deakins • October 02, 2012
Actually that's a misleading headline, what it should say is the end of the line for Jack Gross, the ill fated plaintiff whose lawsuit became the vehicle for the Supreme Court's 2009 decision, which held that the ADEA, unlike Title VII, never permits a mixed motive analysis instead requiring a "but for" test.

U.S. Supreme Court Issues Employer-Friendly ADEA Ruling.

Ogletree Deakins • August 13, 2009
In a 5-4 decision, the U.S. Supreme Court held that an employee alleging a disparate treatment claim under the Age Discrimination in Employment Act (ADEA) must prove that age was the "but for" cause of the challenged adverse employment action. Justice Clarence Thomas, writing for the majority, ruled that even where the employee has produced evidence that age was one motivating factor in that decision the burden of persuasion does not shift to the employer to show that it would have taken the action without regard to age.

Supreme Court Issues Employer-Friendly ADEA Ruling.

Ogletree Deakins • June 22, 2009
In a 5-4 decision, the U.S. Supreme Court held that an employee alleging a disparate treatment claim under the Age Discrimination in Employment Act (ADEA) must prove that age was the “but for” cause of the challenged adverse employment action. Justice Clarence Thomas, writing for the majority, ruled that even where the employee has produced evidence that age was one motivating factor in that decision the burden of persuasion does not shift to the employer to show that it would have taken the action without regard to age.

Supreme Court Hands Employers Victory In Age Discrimination Case.

Fisher Phillips • June 18, 2009
On June 18, 2009, the Supreme Court held that the Age Discrimination in Employment Act (ADEA) does not authorize mixed-motive claims of age discrimination. The burden of proof is at all times with the plaintiff to establish that age was a "but for" cause of the adverse employment action.