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Legislation Introduced to Override Gross v. FBL Financial Services

Legislation Introduced to Override Gross v. FBL Financial Services

In Gross v. FBL Financial Services Inc., the United States Supreme Court changed the standard of proof for workers who sue under the Age Discrimination in Employment Act of 1967. Under the Court's 5-4 opinion, a worker must prove that the employer would not have taken a certain action, such as a demotion, "but for" the worker's age, even if there's evidence that age was a factor in the decision.  The change in the standard of proof makes it more difficult for a plaintiff' to prove his age discrimination case.  The previous standard of proof  was that age was a motivating factor in the adverse employer action.  Congress is introducing legislation that would override the Supreme Court's interpretation of the age-discrimination law. Under the legislation, a plaintiff would have to show only that an "impermissible factor" such as age "was a motivating factor" in the employer's action.

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