
In a 5-4 decision in Gross v. FBL Financial Services, Inc., the U.S. Supreme Court threw out the idea of a “mixed motive” age discrimination case under the ADEA. Plaintiffs must now prove that age was the “but-for” cause of the discriminatory action. Here’s what they said: "We hold that a plaintiff bringing a disparate-treatment claim pursuant to the ADEA must prove, by a preponderance of the...
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