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Gross v. FBL Fin. Servs., Inc., No. 08-441

By FindLaw Staff | Last updated on

In an Age Discrimination in Employment Act (ADEA) action claiming a wrongful demotion, judgment for Plaintiff is reversed where 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.

Read the full decision in Gross v. FBL Fin. Servs., Inc., No. 08-441.

See the case docket.

Appellate Information:

On writ of certiorari to the United States Court of Appeals for the Eighth Circuit
Argued on March 31, 2009
Decided on June 18, 2009


Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, and Alito, JJ., joined.

Stevens, J., filed a dissenting opinion, in which Souter, Ginsburg, and Breyer, JJ., joined.

Breyer, J., filed a dissenting opinion, in which Souter and Ginsburg, JJ., joined.


For Petitioner - Eric Schnapper, University of Washington School of Law, Seattle, WA

For Respondent - Frank B. Harty, Nyemaster Goode P.C., Des Moines, IA

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