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ARTICLE · 08 DECEMBER 2008

Employment Discrimination—Age Discrimination In Employment Act

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Employment discrimination suits often involve "mixed motives." In many cases there is evidence that the employment decision giving rise to the suit was motivated by a combination of lawful and unlawful motives.

United StatesLitigation, Mediation & Arbitration
Archis Parasharami
Archis Parasharami
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Originally published December 5, 2008

Keywords: employment discrimination, age discrimination, Employment Act, Gross v. FBL Financial Services, Desert Palace, Costa, Gross

Employment discrimination suits often involve "mixed motives." In many cases there is evidence that the employment decision giving rise to the suit was motivated by a combination of lawful and unlawful motives. Who prevails in such cases—the plaintiff or defendant—will frequently depend on which side bears the burden of persuasion. The Supreme Court granted certiorari today in Gross v. FBL Financial Services, Inc., No. 08-441, to decide whether a plaintiff in a non-Title VII employment discrimination case must present "direct evidence" of discrimination to obtain a "mixed-motive" jury instruction that shifts the burden of persuasion to the defendant.

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