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

In this blog, I often focus on the substantive law prohibiting discrimination cases, such as those courtesy morgue file - "mailbox"under ADEA.  But a case decided late last week demonstrates the importance of making sure that employees follow the procedural requirements required by law under anti-discrimination provisions..

In Cassotto v. Potter (D.Conn, Oct. 21, 2008) (Hall, J.) (download here)

The U.S. Supreme Court today, in Gomez-Perez v. Potter, ruled 6-3, that the Age Discrimination in Employment Act (ADEA) protects federal workers from retaliation based on age-related complaints. 

The majority decision, written by Justice Alito, essentially grants protection to those federal workers on the same terms that private workers have long had. In doing

Paul Secunda over at the Workplace Prof blog has alerted me to a great discussion that is ongoing on various blogs and law reviews about the Supreme Court’s decision in Sprint/United v. Mendelsohn.  (My earlier coverage of the case from February 2008 can be found here.) 

In particular, you can read Paul’s review of

In representing clients, I have, on occasion, had a client make a honest inquiry about the federal laws regarding age discrimination. Their question is something along the lines of: If discriminating against age is against the law, why can law firms insist on mandatory retirement policies?

The simple response is that partners at law firms

Attorneys can go months — if not years — without Supreme Court guidance on employment law issues. But today, the Supreme Court issued its second employment-law related decision in as many days.

However, for the second day in a row, the Supreme Court issued a decision that, at the end of the day, isn’t really about

With iPods becoming ubiquitous, I’m sure I’m not the only one who feels like they are listening to more music in general.  A favorite song of mine is "So Much to Say" by the Dave Matthews Band song.  (Don’t try reading too much into the lyricsPublic Domain — there isn’t much there.)  But this week, "So Much to