The Federalist Society

SCOTUScast 7-28-09 featuring Shay Dvoretzky

Gross v. FBL Financial Services, Inc.

July 28, 2009

Shay 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.


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Related Links

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

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