On June 20, 2011, the United States Supreme Court issued an opinion in Wal-Mart Stores, Inc. v. Dukes, No. 10-277, which clarifies how certain class actions will be defined and litigated in the lower federal courts. In Wal-Mart, the plaintiffs sought to certify a class of up to 1.5 million current and former
Supreme Court
Supreme Court Alters Burden of Proof Requirements in Federal Age Discrimination Cases
By Randi W. Kochman on
In a ruling applauded by employers, the United States Supreme Court ruled in Gross v. FBL Financial Services Inc., No. 08-441 (June 18, 2009), that an employee must demonstrate that age is the decisive, “but-for” cause of the employer’s adverse employment decision in order to prevail in age discrimination claims brought under the federal…