Thank you for sharing!

Your article was successfully shared with the contacts you provided.

In June 2009, the United States Supreme Court issued its decision in Gross v. FBL Financial Services, Inc., holding that an employee bringing a claim under the Age Discrimination in Employment Act must show that age was the “but-for” cause of the challenged adverse action. Gross won at trial under an ADEA mixed-motive jury instruction, which allowed the jury to find his employer liable for age discrimination if Gross’s age was a “motivating factor” in the adverse action. The Supreme Court reversed Gross’s verdict, finding that “the ordinary meaning of the ADEA’s requirement that an employer took adverse action ‘because of age’ is that age was the [primary] ‘reason’ that the employer decided to act,” and not just one of many factors that played a role in the employer’s decision. The Gross holding simply means that a plaintiff must prove that her age was the determining factor of the adverse action, not the “sole cause” of the adverse action and not a “motivating factor” in the adverse action. Gross has also affected age discrimination claims brought under state statutes, but has not extended its reach into many distinct federal or state statutes.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at customercare@alm.com

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2018 ALM Media Properties, LLC. All Rights Reserved.