Gross v. FBL Financial Services, Inc.
|Gross v. FBL Financial Services|
|Argued March 31, 2009|
Decided June 18, 2009
|Full case name||Jack Gross, Petitioner v. FBL Financial Services, Inc.|
557 U.S. 167 (more)|
129 S. Ct. 2343; 174 L. Ed. 2d 119
|A plaintiff must prove, by preponderance of evidence, that age was the "but for" cause of the adverse employment action.|
|Majority||Thomas, joined by Roberts, Scalia, Kennedy, Alito|
|Dissent||Stevens, joined by Souter, Ginsburg, Breyer|
|Dissent||Breyer, joined by Souter, Ginsburg|
|Age Discrimination in Employment Act (ADEA), 42 U.S.C. § 2000e-2|
Gross v. FBL Financial Services, Inc., 557 U.S. 167 (2009), was a case decided by the Supreme Court of the United States in 2009, involving the standard of proof required for a claim under the Age Discrimination in Employment Act (ADEA).
Jack Gross, an employee of FBL Financial Services, Inc., was transferred to another position and a former subordinate took on many of Gross' old responsibilities. They both received the same compensation, but Gross believed his reassignment was a demotion. Gross brought suit against FBL in April 2004 in District Court, claiming ADEA violations. The court found in his favor and awarded him $46,945 in lost compensation. The United States Court of Appeals for the Eighth Circuit reversed the decision. The Supreme Court affirmed that reversal, finding that a plaintiff must prove by preponderance of evidence, that age was the "but for" cause of the adverse employment action.
- Text of Gross v. FBL Financial Services, Inc., 557 U.S. 167 (2009) is available from: Cornell Justia Oyez (oral argument audio) Supreme Court (slip opinion)
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