Supreme Court Makes It Easier for Employers to Defend Age Discrimination Claims
The Supreme Court (5-4 decision) ruled on June 18, 2009 in Gross v. FBL Financial Services, Inc., that in an age discrimination claim under the Age Discrimination in Employment Act (ADEA), a claimant must prove, by a preponderance of the evidence, that his or her age was the "but-for" cause of the challenged adverse employment action. The burden of persuasion does not shift to the employer to show that it would have taken the action regardless of age, even when a claimant has produced some evidence that age was one motivating factor in that decision. This burden of proof is significantly more onerous than the standards for proving discrimination claims based on race, color, gender, national origin, and religion under Title VII of the Civil Rights Act. A more comprehensive analysis and discussion is provided here.
