Gross v. FBL Financial Services, Inc.
Supreme Court
557 U.S. 167 (2009)
Jack Gross (plaintiff) was reassigned to a different position at FBL Financial Services (defendant) and sued under the Age Discrimination in Employment Act (ADEA), claiming age partly motivated the move; FBL said it was restructuring and Gross fit the new role better. At trial, the jury was instructed under a mixed-motives framework: find for Gross if age was a motivating factor, unless FBL proved it would have made the same decision anyway. The jury found for Gross, but the court of appeals held the mixed-motives instruction was improper since Gross had no direct evidence of discrimination, and the Supreme Court granted review.
Whether an ADEA plaintiff carries the burden of proving that age was the but-for cause of an adverse employment decision, rather than merely a motivating factor.