Gross v. FBL Financial Services, Inc.

Date: August 11, 2011

U.S. Supreme Court VICTORY!

This case concerns whether a plaintiff bringing an ADEA discrimination suit must present direct evidence of discrimination in order to obtain a mixed-motive jury instruction.  A mixed-motive jury instruction shifts the burden of persuasion from the plaintiff to the defendant.  Thus, if the Supreme Court holds in favor of the petitioner, employers will be in a much weaker position in defending discrimination suits. 
Status:  DECIDED.  Amicus brief filed in support of employer FBL on 03/05/09.  Oral Argument heard 03/31/09.

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