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.