Supreme Court Rejects "Mixed Motive" Age Discrimination Claims

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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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Published In: Civil Procedure Updates, Civil Rights Updates, Labor & Employment Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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