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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.”



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