SCOTUScast 7-28-09 featuring Shay Dvoretzky
Gross v. FBL Financial Services, Inc.
On Thursday, June 18, 2009, the Supreme Court announced its decision in Gross v. FBL. In this case, the Court granted certiorari to consider what kind of evidence a plaintiff must present in order to obtain a mixed-motive instruction in a case under the Age Discrimination in Employment Act (ADEA). In a 5-4 decision delivered by Justice Thomas, the Court held that the ADEA does not authorize a mixed-motive age discrimination claim; rather, the plaintiff must show, by a preponderance of the evidence, that age was the “but-for” cause of the challenged adverse employment action. Shay Dvoretzky, a Jones Day attorney, discusses the decision.
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