Employment Law

Age 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.”


This is a web preview of the "The Handy Law Answer Book" app. Many features only work on your mobile device. If you like what you see, we hope you will consider buying. Get the App