In a discrimination case it is very important to determine whether the plaintiff is alleging direct or circumstantial evidence of discrimination. This is important because the standard by which a court determines if the case should proceed to trial or not depends on this determination. In Jackson v. Cal-Western Packaging Corp., the U.S. Court of Appeals
Age Discrimination in Employment Act
Significant Win for Employers at the High Court: Age Discrimination Plaintiffs Face Higher Burden of Proof
By Russell Cawyer on
In Gross v. FBL Financial Services, Inc., the U.S. Supreme Court was asked to decide whether a plaintiff must present direct evidence of discrimination in order to obtain a mixed-motive instruction in a non-Title VII discrimination case.
In the case, Plaintiff Gross was employed by FBL Financial Group since 1971. In 2001 he held the…