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Supreme Court Makes It Harder to Prove Age Discrimination in Employment Actions
Nixon Peabody LLP [Guidance Overview] June 24, 2009
Excerpt: In a 5-4 decision issued on Thursday, the United States Supreme Court made it much harder for plaintiffs in cases under the Age Discrimination in Employment Act ('ADEA') to prove discrimination. The Court held in Gross v. FBL Financial Servs, Inc., that a plaintiff in an age discrimination case must prove, by a preponderance of the evidence, that age was the 'but for' cause of the challenged adverse employment action.
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