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Please review the case via the link below and answer the Case Questions: https://casetext.com/case/gross-v-fbl-fin-servs-inc-3(Links to an external site.) CASE QUESTIONS What is the practical effect
Please review the case via the link below and answer the Case Questions:
https://casetext.com/case/gross-v-fbl-fin-servs-inc-3(Links to an external site.)
CASE QUESTIONS
- What is the practical effect of this decision? Will plaintiffs with age-discrimination cases find it harder to win after Gross? Why or why not?
- As Justice Thomas writes about it, does "but-for" cause here mean the "sole cause"? Must plaintiffs now eliminate any other possible cause in order to prevail in an ADEA lawsuit?
- Based on this opinion, if the employer provides a nondiscriminatory reason for the change in the employee's status (such as "corporate restructuring" or "better alignment of skills"), does the employer bear any burden of showing that those are not just words but that, for example, the restructuring really does make sense or that the "skills" really do line up better in the new arrangement?
- If the plaintiff was retained at the same salary as before, how could he have a "discrimination" complaint, since he still made the same amount of money?
- The case was decided by a 5-4 majority. A dissent was filed by Justice Stevens, and a separate dissent by Justice Breyer, joined by Justices Ginsburg and Souter. Summarize the main arguments the dissenting justices disagreed with the majority in this case.
- SinceGross was decided, has there been any relevant legislation proposed to address the issues found in this opinion? Identify the specific legislation and the issue(s) that the proposed legislation seeks to address.
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