Protecting Older Workers Against Discrimination Act

Employers are generally familiar with the Age Discrimination in Employment Act of 1967 (ADEA), which prohibits discrimination against employees age 40 and older on the basis of age. In 2009, the U.S. Supreme Court clarified in Gross v. FBL Financial Services that plaintiffs bringing ADEA claims must prove that age was the “but for” cause

The Supreme Court in a 2009 decision called Gross changed the well-settled burden of proof used in so-called “mixed motive” cases, by which if an employee showed that discrimination was a “motivating factor” in an adverse employment determination, the employer than had the burden to show that it would have made the same adverse employment