Gross's Nixing of Mixed-Motive Age Claims
Not Applicable to Federal Sector Employees

Finding differences between the Age Discrimination in Employment Act’s provision covering federal employees and those governing private sector workers, the U.S. Court of Appeals for the District of Columbia Circuit held Dec. 10 that, unlike private employees, federal workers can pursue mixed-motive claims under the act (Ford v. Mabus).

In Gross v. FBL Financial Services Inc., 129 S. Ct. 2343, 106 FEP Cases 833 (2009) (116 DLR AA-1, 6/19/09), Judge David S. Tatel noted, the U.S. Supreme Court interpreted the ADEA’s section on private employers, 29 U.S.C. § 623, as requiring plaintiffs ...