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Supreme Court Rules "Motivating Factor" Standard Not Allowed under ADEA



by Winston & Strawn LLP - Chicago Office

June 29, 2009

Previously published on June 2009

Last week, the United States Supreme Court ruled (5 to 4) that employees bringing disparate-treatment claims pursuant to the Age Discrimination in Employment Act (ADEA) must prove that age was the "but-for" cause of the challenged adverse action, rather than simply a "motivating factor".


 

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