Supreme Court Raises The Bar For Proving ADEA Claims

more+
less-

A recent U.S. Supreme Court ruling has raised the bar for employees hoping to prove age discrimination under the Age Discrimination in Employment Act (“ADEA”). In Gross v. FBL Financial Services, Inc., No. 08-441, U.S. Supreme Court (June 18, 2009), the Court was asked to decide whether a plaintiff must submit direct evidence of discrimination in a suit filed under the ADEA in order to shift the burden of persuasion to the defendant. By a narrow 5-4 majority, the Court held the burden-shifting analysis utilized in Title VII cases did not apply to ADEA claims and, consequently, a plaintiff who brings an age discrimination claim under the ADEA must prove by a preponderance of the evidence that age was the “but for” cause of the challenged adverse employment action.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.


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.

© Thompson Coburn LLP | Attorney Advertising

Written by:

more+
less-

Thompson Coburn LLP on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×