In a significant victory for employers, the Supreme Court has ruled that a plaintiff in an age discrimination case under the federal Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621, et seq., has the burden of persuading the trier-of-fact that age was the “but-for” cause of the employer’s adverse decision and may not utilize the “mixed-motives” approach available to plaintiffs under Title VII of the 1964 Civil Rights Act. Gross v. FBL Financial Servs., Inc.,No. 08-441 (U.S. June 18, 2009).
