After the Dust Settles on Gross v. FBL Financial Services, When Does Burden Shift on Discrimination?
Earlier this year, the United States Supreme Court clarified in Gross v. FBL Financial Services, that the burden of proof in age discrimination cases. So where does that leave the so-called "mixed-motive" analysis that has frankly confused many employers (and their attorneys) over the years?
My colleague, Robert Mitchell, does a good job explaining the status of this so-called "burden-shifting analysis" in an article in this month's Labor & Employment supplement to the Connecticut Law Tribune (download here).
Check it out.
