Justices Weigh Price Waterhouse In Mixed-Motive Suit

Law360, New York (March 31, 2009, 12:00 AM EDT) -- Oral arguments before the U.S. Supreme Court on the standard and burden of proof in mixed-motive age discrimination suits lingered Tuesday on the question of whether the high court should rethink its 1989 decision in Price Waterhouse v. Hopkins.

The U.S. Court of Appeals for the Eighth Circuit had relied on Justice Sandra Day O'Connor's concurring opinion in the Price Waterhouse decision to overturn a $47,000 jury verdict in favor of Jack Gross, an employee of FBL Financial Services who sued under the Age Discrimination in...
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