Question

In Gross v. FBL Financial Services, Inc., the Supreme Court held that a Disparate impact claims are unavailable under ADEA e) b. Disparate treatment claims are unavailable under ADEA C. Punitive damages are unavailable under ADEA d. None of the choices is correct

Answer 1

B.)) Disparate treatment claims are unavailable under ADEA

Supreme Court employees bringing a claim of age discrimination under the Age Discrimination in Employment Act (ADEA) must prove that age was the “but-for” cause of an adverse employment action, not merely “a motivating factor.” The Court further found that the burden of persuasion does not shift to the employer in a “mixed-motive” ADEA case, even if the plaintiff introduces direct evidence that age was a factor in the challenged decision.

Both disparate impact and disparate treatment refer to discriminatory practices. Disparate impact is often referred to as unintentional discrimination.

Federal laws prohibit job discrimination based on race, color, sex, national origin, religion, age, equal pay, disability or genetic information and prohibits both "disparate treatment" and "disparate impact" discrimination.

Age discrimination is disparate treatment.