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Gross v. FBL Financial Services, Inc.

Docket No.: 08-441
Certiorari Granted: Dec 5 2008
Argued: March 31, 2009
Decided: June 18, 2009

Topic:

Age Discrimination in Employment Act

PartyNames: Jack Gross v. FBL Financial Services, Inc.
Petitioner: Jack Gross
Respondent: FBL Financial Services, Inc.

Court Below: United States Court of Appeals for the Eighth Circuit

Jack Gross
v.
FBL Financial Services, Inc.
Question Presented:

Must a plaintiff present direct evidence of discrimination in order to obtain a mixed-motive instruction in a non-Title VII discrimination case?

Question:

Does a plaintiff need to submit direct evidence of discrimination in a suit filed under the ADEA in order to shift the burden of persuasion to the defendant?

Holding: vacated and remanded
Decision: Decision: 5 votes for Gross, 4 vote(s) against
Read GROSS V. FBL FINANCIAL SERVICES, INC. opinion (PDF)
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