ADEA

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Gross v. FBL Fin. Servs., Inc., 557 U.S. 167, 129 S. Ct. 2343 (2009)

Jack Gross worked for FBL as a claims administration director until he was reassigned to the position of claims project coordinator. At the time of his reassignment, many of Gross’s job responsibilities were transferred to a newly created position (claims administration manager) that was filled by Lisa Kneeskern, one of…

In an important ruling that increases the burden on plaintiffs in cases under the federal Age Discrimination in Employment Act (ADEA), the United States Supreme Court held on June 18, 2009 that plaintiffs in age discrimination cases always bear the burden of proving that an adverse employment action would not have been taken against them “but for” their age. Gross v. FBL Financial Services, Inc., No. 08-441. This ruling draws a distinction between the ADEA and Title VII, under which plaintiffs need only show that their membership in a protected class was a “motivating factor” in an employer’s action, and eliminates any shifting of the burden of persuasion in so-called “mixed motive” cases under the ADEA.

Meacham v. Knolls Atomic Power Lab., 554 U.S. 84, 128 S. Ct. 2395 (2008)

When the United States government ordered Knolls (one of the contractors that maintains the nation’s fleet of nuclear-powered warships) to reduce its workforce, the company conducted an involuntary reduction in force, resulting in the layoff of 31 employees, 30 of whom were age 40 or older. Twenty-eight of the laid-off…

Federal Express Corp. v. Holowecki, 552 U.S. 389, 128 S. Ct. 1147 (2008)

Patricia Kennedy submitted a “Form 283” (an intake questionnaire) and an accompanying affidavit to the EEOC before filing suit against Federal Express, alleging age discrimination under the Age Discrimination in Employment Act (“ADEA”). Federal Express moved to dismiss the lawsuit on the ground that Kennedy had not filed a “charge” with…

Poland v. Chertoff, 494 F.3d 1174 (9th Cir. 2007)

James R. Poland, a former employee of the U.S. Customs Service, alleged age discrimination in violation of the ADEA, retaliation and constructive discharge resulting from his transfer to a new job in a new location. After a bench trial, the district court entered a $339,000 judgment in favor of Poland. The Ninth Circuit affirmed the determination…