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

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