Connecticut Employment Law Blog Insight on Labor & Employment Developments for Connecticut Businesses

Tag Archives: mixed motive

After the Dust Settles on Gross v. FBL Financial Services, When Does Burden Shift on Discrimination?

By Daniel Schwartz on Posted in Discrimination & Harassment, Litigation

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… Continue Reading

Employers Get Big Win at Supreme Court and Why Employers Should Ignore It

By Daniel Schwartz on Posted in Discrimination & Harassment

Leave it to the Supreme Court to come out with a decision on discrimination while I’m attending the ABA Presidential Summit on Diversity (which I’ll be live-tweeting and blogging from starting on Friday).  So, while I’ve been tied up for most of the day, the news sites and employment law blogs have been a buzz… Continue Reading

Supreme Court Hears Mixed Motive Arguments – Are We Due for a Change

By Daniel Schwartz on Posted in Litigation

Yesterday, the Supreme Court heard oral argument in Gross v. FBL Financial Group, one of the several employment cases on the docket for this term. For full background, the SCOTUS Blog is a great resource and I discussed it in an earlier post here.  From an employee perspective, the Employee Rights Post shares some interesting perspectives… Continue Reading

U.S. Supreme Court Agrees To Hear Case Concerning Direct Evidence, Mixed-Motive Instructions and ADEA

By Daniel Schwartz on Posted in Discrimination & Harassment, Litigation

The U.S. Supreme Court today agreed to hear the case of Gross v. FBL Financial Services. Inc. putting the issue of "Whether a plaintiff must present direct evidence of discrimination in order to obtain a mixed-motive instruction in a non-Title VII discrimination case" squarely before the court (H/T ScotusBlog). The case, arising out of a 8th… Continue Reading