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Gross v. FBL Financial Services, 557 US ___ (2009)
Gross v. FBL Financial was an age discrimination suit brought under the Age Discrimination and Employment Act of 1967, in which the Petitioner, Gross, alleged FBL financial demoted him due to his advanced age (54).
From 2001 to 2003, Gross held the title "Claims Administration Director." In 2003, FBL divided Gross's responsibilities, assigning many of them to a woman in her early 40s who had previously worked under him. Gross's new title was "Project Coordinator"; the other employee's title was "Claims Administration Manager." FBL Financial claimed the division was part of a general restructuring, and stated that Gross was placed in a position more suited to his skills. Gross's salary was not reduced; both positions received the same compensation.
At the end of the trial, the District Court instructed the jury to find in favor of Gross if he proved by a preponderance of the evidence that his age was a motivating factor in his demotion. If age played a part in the decision, regardless of any additional legal reason the company may have had to demote him, the verdict was to favor Gross under Title VII of the Civil Rights Act of 1964 mixed-motive provision. The jury was to find in favor of FBL if it has proved it would have demoted Gross regardless of his age. In other words, if the plaintiff proved any part of the company's decision was related to his age, the burden of proof shifted to the respondent to prove age played no part in their decision.
In a 5-4 opinion written by Justice Thomas and joined by Chief Justice Roberts and Justices Scalia, Kennedy and Alito, the Court decided age discrimination claims couldn't be brought under the two-step Title VII rules, because Congress hadn't explicitly specified those rules were to be applied in the ADEA (29 US § 621), despite amending the legislation several times. In the absence of evidence to the contrary, the Court presumed the omission was intentional.
The Court held that plaintiffs in age discrimination claims carry the entire burden of proof, and must convince the jury that "but-for" the employee's age, no adverse action would have occurred.
Justices Stevens, Ginsburg, Breyer and Souter dissented.
In order to change the precedent set by Gross v. FBL Financial, Congress would have to amend the ADEA legislation to specify it qualified for Title VII protection. No other discrimination policy was affected by the Court's decision.
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