SCOTUScast 7-28-09 featuring Shay Dvoretzky
Gross v. FBL Financial Services, Inc.
July 28, 2009Shay Dvoretzky
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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.
|Transcript of Oral Argument - March 31, 2009 (PDF)|
|Decision - June 18, 2009 (PDF)|
|SCOTUScast 5-27-09 featuring Shay Dvoretzky|