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Articles by James E. Hall, Mark T. Kobata Marty Denis

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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