The U.S. Supreme Court has issued a decision that could have a significant impact on employers defending Age Discrimination in Employment Act (ADEA) claims. In Gross v. FBL Financial Services, Inc. (June 18, 2009), a 5-4 decision, the Court held that to prevail on an ADEA claim, the individual claiming discrimination must prove that age was the "but for" cause of the alleged adverse employment action – i.e., that the employer would not have taken the adverse employment action but for the individual's age.
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