2009 United States Supreme Court case
| Gross v. FBL Financial Services |
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| Full case name | Jack Gross, Petitioner v. FBL Financial Services, Inc. |
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| Docket no. | 08-441 |
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| Citations | 557 U.S. 167 (more) |
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| A plaintiff must prove, by preponderance of evidence, that age was the "but for" cause of the adverse employment action. |
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- Chief Justice
- John Roberts
- Associate Justices
- John P. Stevens · Antonin Scalia
Anthony Kennedy · David Souter
Clarence Thomas · Ruth Bader Ginsburg
Stephen Breyer · Samuel Alito
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| Majority | Thomas, joined by Roberts, Scalia, Kennedy, Alito |
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| Dissent | Stevens, joined by Souter, Ginsburg, Breyer |
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| Dissent | Breyer, joined by Souter, Ginsburg |
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| Age Discrimination in Employment Act (ADEA), 42 U.S.C. § 2000e-2 |
Gross v. FBL Financial Services, Inc., 557 U.S. 167 (2009), was a case decided by the Supreme Court of the United States in 2009, involving the standard of proof required for a claim under the Age Discrimination in Employment Act (ADEA).
Jack Gross, an employee of FBL Financial Services, Inc., was transferred to another position and a former subordinate took on many of Gross' old responsibilities. They both received the same compensation, but Gross believed his reassignment was a demotion. Gross brought suit against FBL in April 2004 in District Court, claiming ADEA violations. The court found in his favor and awarded him $46,945 in lost compensation. The United States Court of Appeals for the Eighth Circuit reversed the decision. The Supreme Court affirmed that reversal, finding that a plaintiff must prove by preponderance of evidence, that age was the "but for" cause of the adverse employment action.
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