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All eyes were on the Supreme Court as it closed out its term with landmark decisions that struck down the Defense of Marriage Act, gutted the Voting Rights Act, and narrowly preserved the ability of colleges and universities to use affirmative action in admissions. [read post]
28 Jun 2013, 11:04 am by Lisa Whittaker
FBL Financial Services, Inc. in an ADEA context, have held that unless Congress has stated otherwise, a plaintiff is required prove the defendants actions were the “but-for” cause for the adverse action. [read post]
25 Jun 2013, 6:13 pm by Lisa Milam-Perez
” Of the recent High Court rulings, the Nassar decision was the “biggest deal for employers,” according to Chris Bourgeacq, general attorney, labor/HR, for AT&T Services, Inc. in Austin, Texas. [read post]
26 Apr 2013, 4:38 am by Heidi Henson
In contrast, in Gross v FBL Financial Services, Inc, the High Court held that the ADEA requires proof that age was the “but for” cause of an adverse employment action. [read post]
23 Apr 2013, 2:06 pm by Kevin Russell
FBL Financial Services, Inc.; (2) simply a “motivating factor” in the employment decision, a lesser standard of proof Congress adopted for race and sex discrimination claims under a 1991 amendment specific to Title VII; or (3) a “motivating factor” under a similar test the Supreme Court had applied to race and sex discrimination claims, prior to the enactment of the 1991 amendment, in its fractured decision in Price Waterhouse v. [read post]
20 Jul 2012, 2:45 pm by Michael Fox
FBL Financial Services, Inc., 557 U.S. 167 (2009).If nothing else, it would be good to see the en banc court have a case to consider where waiver was not an issue, so we could get a determination whether or not Smith really is good law, as opposed to just being the current controlling law in the 5th Circuit. [read post]
30 May 2012, 12:46 pm by Lisa Whittaker
FBL Financial Services, 129 S.Ct. 2343 (2009), an age discrimination case, in which the U.S. [read post]
25 May 2012, 1:32 pm by Lorene Park
Supreme Court in Gross v FBL Financial Services also declined to import Title VII’s motivating factor standard to the ADEA, which also contained “because of” language. [read post]
3 Apr 2012, 7:00 am by Todd Hanchett
FBL Financial Services Inc, that had made it more difficult for older workers to prove claims under the Age Discrimination in Employment Act ("ADEA"). [read post]
2 Apr 2012, 4:13 am by Stephanie R. Thomas, Ph.D.
FBL Financial Services, Inc., and lower the burden of proof for employees to prove age discrimination. [read post]
30 Mar 2012, 5:30 am by Donna
FBL Financial 19 Services, Inc. decided the Age Discrimination in Employment Act required age be the only reason for the employer’s decision. [read post]