Supreme Court Agrees To Hear Mixed-Motive Case

Law360, New York (December 5, 2008, 12:00 AM EST) -- The U.S. Supreme Court has taken up a case brought by the employee of a financial services company over whether plaintiffs in non-Title VII discrimination cases must present direct evidence of discrimination in order to secure a “mixed-motive” jury instruction, which shifts the burden of proof to the defendant.

The court on Friday granted certiorari in a case where Jack Gross, an employee of FBL Financial Services, appealed a November 2007 ruling by the U.S. Court of Appeals for the Eighth Circuit that overturned a $47,000...
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