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"As long as I have any choice, I will stay only in a country where political liberty, toleration, and equality of all citizens before the law are the rule." - Albert Einstein

Supreme Court Deals Setback to Older Workers

Posted: June 18, 2009 Filed under: Case Law, Employment Law

In a 5-4 decision, the Supreme Court made it harder for employees to prove a case of age discrimination. No longer may an employee demonstrate simply that age was a motivating factor in the employer’s decision. Rather, “[a] plaintiff bringing an ADEA disparate-treatment claim must prove, by a preponderance of the evidence, that age was the “but-for” cause of the challenged adverse employment action.” Gross v. FBL Financial Services, Inc.

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