Supreme Court Rejects Mixed Motive Analysis for Age Claims Under the Age Discrimination in Employment Act

On June 18, in Gross v. FBL Financial Services, Inc., 557 U.S. __ (2009), the U.S. Supreme Court declined to apply the “mixed motive” framework to age discrimination claims under the Age Discrimination in Employment Act (ADEA), ending—at least for now—years of confusion about the meaning and application of Price Waterhouse v. Hopkins, 490 U.S. 228 (1989), beyond Title VII. Employers with pending age claims are encouraged to review this decision with counsel, because it may seriously undercut at summary judgment or trial existing age claims premised upon a “mixed motive” theory.

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