Employment LawAge Discrimination |
Are mixed-motive claims cognizable under the ADEA as they are under Title VII? |
No, the U.S. Supreme Court rejected mixed-motive claims under the ADEA in its recent decision in Gross v. FBL (2009). Writing for the Court, Justice Clarence Thomas reasoned: “This Court has never held that this burden-shifting framework applies to ADEA claims. And, we decline to do so now.”