Employment Law | Expert Legal Commentary
August 4, 2009
Gross v. FBL Financial: Requiring “But-For” Causation in All Age Discrimination Cases
Gross v. FBL Financial Services, Inc.
By
Jeremy J. Gray of Zuber & Taillieu LLP
In a 5-4 decision, the U.S. Supreme Court determined that the burden-shifting standard applicable to “mixed-motive” discrimination cases brought under Title VII specifically does not apply to age discrimination cases brought under the ADEA, pursuant to the plain statutory language of the ADEA. In Gross v. FBL Financial Services, Inc., ___ U.S. ___, 129 S.Ct. 2343 (2009), a plaintiff asserting a disparate treatment claim under the ADEA must prove that age was the “but-for” cause of an adverse employment decision, not merely one “motivating factor.” The decision finds that while mixed-motive cases are permitted under Title VII, they are not permitted under the ADEA.
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About the Author
Jeremy J. Gray is a Partner of Zuber & Taillieu LLP, focusing on employment law.
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