June 24, 2009
U.S. Supreme Court Rules on Disparate Treatment Discrimination Claims Under ADEA
On June 19, 2009, the United States Supreme Court rejected a “mixed-motive” analysis and held that plaintiffs bringing disparate treatment claims under the Age Discrimination in Employment Act of 1967 (“ADEA”), 29 U.S.C. Section 621 et seq., must prove by a preponderance of the evidence that, “but for” their age, the employer would not have taken the challenged adverse employment action.