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Will Congress Reverse Another Supreme Court Employment Law Decision?

Posted by Frank Steinberg | May 06, 2010 | 0 Comments

That's what Congressional Democrats want to do the Court's 2009 decision in Gross v. FBL Financial.  Gross held that in cases brought under the Age Discrimination in Employment Act [ADEA], the plaintiff must prove that age was the "but for cause" of an adverse employment action.  If the plaintiff proves only that age was a factor in the employer's decision, but that the decision would have been the same irrespective of age, then the employer wins. 

The bill is HR 3721, the "Protecting Older Americans Against Discrimination Act."  We've previously posted on this legislation here.

Here's the latest from

I predicted once before that POWADA will become law.  I haven't been proven right yet, but then again, I haven't been proven wrong, either.  I still think that it will happen, and plaintiffs will have the older (pun intended, I suppose), easier road to proving age discrimination restored.

About the Author

Frank Steinberg

Frank is the founder and principal of Steinberg Law, LLC. A Jersey boy born and bred, he focuses on employment litigation and counseling, business litigation,  and aviation law. Following law school and a clerkship in the federal district court Frank spent his early career with large litigation ...


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