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

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

Judges:

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.

Counsel:

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

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