The Federalist Society

SCOTUScast 7-28-09 featuring Shay Dvoretzky

Gross v. FBL Financial Services, Inc.

July 28, 2009

Shay Dvoretzky

To listen, please right click on the audio file you wish to hear and then select "Save Link As..." or "Save Target As..." After you save the audio file to your computer, you can then listen to it in your audio player of choice.

 SCOTUScast 7-28-09 featuring Shay Dvoretzky - MP3
Running Time: 00:08:10

On Thursday, June 18, 2009, the Supreme Court announced its decision in Gross v. FBL. In this case, the Court granted certiorari to consider what kind of evidence a plaintiff must present in order to obtain a mixed-motive instruction in a case under the Age Discrimination in Employment Act (ADEA). In a 5-4 decision delivered by Justice Thomas, the Court held that the ADEA does not authorize a mixed-motive age discrimination claim; rather, the plaintiff must show, by a preponderance of the evidence, that age was the “but-for” cause of the challenged adverse employment action. Shay Dvoretzky, a Jones Day attorney, discusses the decision.

 

[Return to the SCOTUScast menu]

Related Links

Transcript of Oral Argument - March 31, 2009 (PDF)
Decision - June 18, 2009 (PDF)
SCOTUScast 5-27-09 featuring Shay Dvoretzky


The Federalist Society