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Age as 'But-For' Cause Under ADEA

Unlike Title VII of the Civil Rights Act of 1964, the ADEA does not provide that a plaintiff may establish discrimination by showing that age was simply a motivating factor. Under Gross, an employer does not have to prove that it would have made the same decision regardless of age, even if the employee produces some evidence that age may have been a contributing factor in the decision.
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Failure to Accommodate Pregnancy

Employers are advised to consider state law obligations to accommodate disabled employees due to pregnancy. If the employer has an alternative or interim work program for injured or disabled employees, state law may require the employer look into whether an open position exists for the pregnant employee under that program.
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WARN Act Liability

An employer’s plant closing or mass layoff occurring before the conclusion of the WARN 60-day period may not violate the law if the closing or mass layoff is caused by business circumstances that were not reasonably foreseeable at the time the notice would have been required.
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