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The Age Discrimination in Employment Act – Supreme Court rules on age as key factor


SKU: ELBnd091. Category: .


Abstract: When age plays only a supporting role in an age discrimination suit, the complexity of the decision deepens. When a 54-year-old administrator was reassigned, and many of his responsibilities were taken on by his younger subordinate, he felt he’d been demoted and filed suit. Eventually, the Supreme Court faced the question of whether a plaintiff must “present direct evidence of discrimination in order to obtain a mixed-motive instruction in a non-Title VII discrimination case.” But the Court had to first determine whether the burden of persuasion ever shifts to the party defending an alleged ADEA mixed-motives discrimination claim. Gross v. FBL Financial Services, 129 S. Ct. 2343 (U.S. 2009) Price Waterhouse v. Hopkins, 490 U.S. 228 (U.S. 1989)

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