gross
fbl
financial
services
argued
march
decided
june
petitioner
gross
filed
suit
alleging
respondent
fbl
demoted
violation
age
discrimination
employment
act
adea
makes
unlawful
employer
take
adverse
action
employee
individual
age
close
trial
fbl
objections
district
instructed
jury
enter
verdict
gross
proved
preponderance
evidence
demoted
age
motivating
factor
demotion
decision
told
jury
age
motivating
factor
played
part
demotion
also
instructed
jury
return
verdict
fbl
proved
demoted
gross
regardless
age
jury
returned
verdict
gross
eighth
circuit
reversed
remanded
new
trial
holding
jury
incorrectly
instructed
standard
established
price
waterhouse
hopkins
cases
title
vii
civil
rights
act
employee
alleges
suffered
adverse
employment
action
permissible
impermissible
considerations
case
held
plaintiff
bringing
adea
claim
must
prove
preponderance
evidence
age
cause
challenged
adverse
employment
action
burden
persuasion
shift
employer
show
taken
action
regardless
age
even
plaintiff
produced
evidence
age
one
motivating
factor
decision
pp
title
vii
materially
different
respect
relevant
burden
persuasion
interpretation
adea
governed
title
vii
decisions
price
waterhouse
desert
palace
costa
never
applied
title
vii
framework
adea
claims
declines
conducting
statutory
interpretation
must
careful
apply
rules
applicable
one
statute
different
statute
without
careful
critical
examination
federal
express
holowecki
unlike
title
vii
amended
explicitly
authorize
discrimination
claims
improper
consideration
motivating
factor
adverse
action
see
adea
provide
plaintiff
may
establish
discrimination
showing
age
simply
motivating
factor
moreover
congress
neglected
add
provision
adea
added
title
vii
even
though
contemporaneously
amended
adea
several
ways
congress
amends
one
statutory
provision
another
presumed
acted
intentionally
see
eeoc
arabian
american
oil
negative
implications
raised
disparate
provisions
strongest
provisions
considered
simultaneously
language
raising
implication
inserted
lindh
murphy
pp
adea
text
authorize
alleged
age
discrimination
claim
ordinary
meaning
adea
requirement
employer
took
adverse
action
age
age
reason
employer
decided
act
see
hazen
paper
biggins
establish
claim
plain
language
plaintiff
must
prove
age
cause
employer
adverse
decision
see
bridge
phoenix
bond
indemnity
follows
plaintiff
retains
burden
persuasion
establish
cause
previously
held
burden
proper
allocation
adea
cases
see
kentucky
retirement
systems
eeoc
nothing
statute
text
indicates
congress
carved
exception
subset
adea
cases
statute
silent
allocation
burden
persuasion
ordinary
default
rule
plaintiffs
bear
risk
failing
prove
claims
schaffer
weast
hence
burden
persuasion
alleged
cases
adea
action
pp
rejects
petitioner
contention
proper
interpretation
adea
nonetheless
controlled
price
waterhouse
initially
established
burden
persuasion
shifted
alleged
title
vii
claims
far
clear
approach
consider
question
today
first
instance
whatever
price
waterhouse
deficiencies
retrospect
become
evident
years
since
case
decided
framework
difficult
apply
problems
associated
application
eliminated
perceivable
benefit
extending
framework
adea
claims
cf
continental
gte
sylvania
pp
vacated
remanded
thomas
delivered
opinion
roberts
scalia
kennedy
alito
joined
stevens
filed
dissenting
opinion
souter
ginsburg
breyer
joined
breyer
filed
dissenting
opinion
souter
ginsburg
joined
jack
gross
petitioner
fbl
financial
services
writ
certiorari
appeals
eighth
circuit
june
justice
thomas
delivered
opinion
question
presented
petitioner
case
whether
plaintiff
must
present
direct
evidence
age
discrimination
order
obtain
jury
instruction
suit
brought
age
discrimination
employment
act
adea
stat
amended
et
seq
hold
jury
instruction
never
proper
adea
case
vacate
decision
petitioner
jack
gross
began
working
respondent
fbl
financial
group
fbl
gross
held
position
claims
administration
director
years
old
gross
reassigned
position
claims
project
coordinator
time
fbl
transferred
many
gross
job
responsibilities
newly
created
position
claims
administration
manager
position
given
lisa
kneeskern
previously
supervised
gross
early
forties
app
pet
cert
district
opinion
although
gross
new
position
kneeskern
received
compensation
gross
considered
reassignment
demotion
fbl
reallocation
former
job
responsibilities
kneeskern
april
gross
filed
suit
district
alleging
reassignment
position
claims
project
coordinator
violated
adea
makes
unlawful
employer
take
adverse
action
employee
individual
age
case
proceeded
trial
gross
introduced
evidence
suggesting
reassignment
based
least
part
age
fbl
defended
decision
grounds
gross
reassignment
part
corporate
restructuring
gross
new
position
better
suited
skills
see
app
pet
cert
district
opinion
close
trial
fbl
objections
district
instructed
jury
must
return
verdict
gross
proved
preponderance
evidence
fbl
demoted
claims
projec
coordinator
age
motivating
factor
fbl
decision
demote
app
jury
instructed
gross
age
qualify
factor
played
part
role
fbl
decision
demote
jury
also
instructed
regarding
fbl
burden
proof
according
district
verdict
must
fbl
proved
preponderance
evidence
fbl
demoted
gross
regardless
age
ibid
jury
returned
verdict
gross
awarding
lost
compensation
fbl
challenged
jury
instructions
appeal
appeals
eighth
circuit
reversed
remanded
new
trial
holding
jury
incorrectly
instructed
standard
established
price
waterhouse
hopkins
see
price
waterhouse
addressed
proper
allocation
burden
persuasion
cases
brought
title
vii
civil
rights
act
stat
amended
et
employee
alleges
suffered
adverse
employment
action
permissible
impermissible
considerations
case
plurality
opinion
price
waterhouse
decision
splintered
four
justices
joined
plurality
opinion
see
justices
white
separately
concurred
judgment
see
opinion
white
opinion
three
justices
dissented
see
opinion
kennedy
six
justices
ultimately
agreed
title
vii
plaintiff
shows
discrimination
motivating
factor
employer
action
burden
persuasion
shift
employer
show
taken
action
regardless
impermissible
consideration
see
plurality
opinion
opinion
white
opinion
justice
found
shift
burden
persuasion
employer
employee
must
present
direct
evidence
illegitimate
criterion
substantial
factor
employment
decision
accordance
circuit
precedent
appeals
identified
justice
opinion
controlling
see
citing
erickson
farmland
industries
applying
standard
appeals
found
gross
needed
present
irect
evidence
sufficient
support
finding
reasonable
fact
finder
illegitimate
criterion
actually
motivated
adverse
employment
action
internal
quotation
marks
omitted
appeals
view
direct
evidence
evidence
show
specific
link
alleged
discriminatory
animus
challenged
decision
ibid
internal
quotation
marks
omitted
upon
presentation
evidence
appeals
held
burden
shift
employer
convince
trier
fact
likely
decision
absent
consideration
illegitimate
factor
ibid
quoting
price
waterhouse
supra
opinion
appeals
thus
concluded
district
jury
instructions
flawed
allowed
burden
shift
fbl
upon
presentation
preponderance
category
evidence
showing
age
motivating
factor
direct
evidence
related
fbl
alleged
consideration
age
see
gross
conceded
presented
direct
evidence
discrimination
appeals
held
district
given
instruction
ibid
rather
gross
held
burden
persuasion
applicable
typical
claims
jury
thus
instructed
determine
whether
gross
carried
burden
prov
ing
age
determining
factor
fbl
employment
action
see
ibid
granted
certiorari
vacate
decision
appeals
ii
parties
asked
us
decide
whether
plaintiff
must
present
direct
evidence
discrimination
order
obtain
instruction
vii
discrimination
case
pet
cert
reaching
question
however
must
first
determine
whether
burden
persuasion
ever
shifts
party
defending
alleged
discrimination
claim
brought
hold
petitioner
relies
decisions
construing
title
vii
interpretation
adea
title
vii
materially
different
respect
relevant
burden
persuasion
however
decisions
control
construction
adea
price
waterhouse
plurality
two
justices
concurring
judgment
determined
plaintiff
title
vii
case
proves
plaintiff
membership
protected
class
played
motivating
part
employment
decision
defendant
may
avoid
finding
liability
proving
preponderance
evidence
made
decision
even
taken
factor
account
see
also
opinion
white
opinion
explained
desert
palace
costa
congress
since
amended
title
vii
explicitly
authorizing
discrimination
claims
improper
consideration
motivating
factor
adverse
employment
decision
see
providing
unlawful
employment
practice
established
complaining
party
demonstrates
race
color
religion
sex
national
origin
motivating
factor
employment
practice
even
though
factors
also
motivated
practice
emphasis
added
restricting
remedies
available
plaintiffs
proving
violations
never
held
framework
applies
adea
claims
decline
conducting
statutory
interpretation
must
careful
apply
rules
applicable
one
statute
different
statute
without
careful
critical
examination
federal
express
holowecki
slip
unlike
title
vii
adea
text
provide
plaintiff
may
establish
discrimination
showing
age
simply
motivating
factor
moreover
congress
neglected
add
provision
adea
amended
title
vii
add
even
though
contemporaneously
amended
adea
several
ways
see
civil
rights
act
stat
ignore
congress
decision
amend
title
vii
relevant
provisions
make
similar
changes
adea
congress
amends
one
statutory
provision
another
presumed
acted
intentionally
see
eeoc
arabian
american
oil
furthermore
explained
negative
implications
raised
disparate
provisions
strongest
provisions
considered
simultaneously
language
raising
implication
inserted
lindh
murphy
result
interpretation
adea
governed
title
vii
decisions
desert
palace
price
inquiry
therefore
must
focus
text
adea
decide
whether
authorizes
age
discrimination
claim
statutory
construction
must
begin
language
employed
congress
assumption
ordinary
meaning
language
accurately
expresses
legislative
purpose
engine
mfrs
assn
south
coast
air
quality
management
internal
quotation
marks
omitted
adea
provides
relevant
part
shall
unlawful
employer
fail
refuse
hire
discharge
individual
otherwise
discriminate
individual
respect
compensation
terms
conditions
privileges
employment
individual
age
emphasis
added
words
mean
reason
account
webster
third
new
international
dictionary
see
also
oxford
english
dictionary
defining
mean
reason
account
italics
original
random
house
dictionary
english
language
defining
mean
reason
account
thus
ordinary
meaning
adea
requirement
employer
took
adverse
action
age
age
reason
employer
decided
act
see
hazen
paper
biggins
explaining
claim
succeed
unless
employee
protected
trait
actually
played
role
employer
decisionmaking
process
determinative
influence
outcome
emphasis
added
establish
claim
plain
language
adea
therefore
plaintiff
must
prove
age
cause
employer
adverse
decision
see
bridge
phoenix
bond
indemnity
slip
recognizing
phrase
reason
requires
least
showing
causation
internal
quotation
marks
omitted
safeco
ins
america
burr
observing
common
talk
phrase
indicates
causal
relationship
thus
necessary
logical
condition
statutory
phrase
based
meaning
phrase
internal
quotation
marks
omitted
cf
keeton
dobbs
keeton
owen
prosser
keeton
law
torts
ed
act
omission
regarded
cause
event
particular
event
occurred
without
follows
plaintiff
retains
burden
persuasion
establish
age
cause
employer
adverse
action
indeed
previously
held
burden
allocated
manner
adea
cases
see
kentucky
retirement
systems
eeoc
slip
reeves
sanderson
plumbing
products
nothing
statute
text
indicates
congress
carved
exception
rule
subset
adea
cases
statutory
text
silent
allocation
burden
persuasion
begin
ordinary
default
rule
plaintiffs
bear
risk
failing
prove
claims
schaffer
weast
see
also
meacham
knolls
atomic
power
laboratory
slip
absent
reason
believe
congress
intended
otherwise
conclude
burden
persuasion
lies
usually
falls
upon
party
seeking
relief
internal
quotation
marks
omitted
warrant
depart
general
rule
setting
hence
burden
persuasion
necessary
establish
employer
liability
alleged
cases
adea
action
plaintiff
must
prove
preponderance
evidence
may
direct
circumstantial
age
cause
challenged
employer
decision
see
reeves
supra
iii
finally
reject
petitioner
contention
interpretation
adea
controlled
price
waterhouse
initially
established
burden
persuasion
shifted
alleged
title
vii
event
far
clear
approach
consider
question
today
first
instance
cf
penn
plaza
llc
pyett
slip
declining
introduc
qualification
adea
found
text
meacham
supra
slip
explaining
adea
must
read
way
congress
wrote
whatever
deficiencies
price
waterhouse
retrospect
become
evident
years
since
case
decided
framework
difficult
apply
example
cases
tried
jury
courts
found
particularly
difficult
craft
instruction
explain
framework
see
tyler
bethlehem
steel
referring
murky
water
shifting
burdens
discrimination
cases
visser
packer
engineering
associates
en
banc
flaum
dissenting
difficulty
judges
formulating
instructions
jurors
applying
seen
fact
jury
verdicts
adea
cases
supplanted
judgments
notwithstanding
verdict
reversed
appeal
frequently
jury
verdicts
generally
thus
even
price
waterhouse
doctrinally
sound
problems
associated
application
eliminated
perceivable
benefit
extending
framework
adea
claims
cf
continental
gte
sylvania
reevaluating
precedent
subject
criticism
continuing
controversy
confusion
payne
tennessee
souter
concurring
iv
hold
plaintiff
bringing
claim
pursuant
adea
must
prove
preponderance
evidence
age
cause
challenged
adverse
employment
action
burden
persuasion
shift
employer
show
taken
action
regardless
age
even
plaintiff
produced
evidence
age
one
motivating
factor
decision
accordingly
vacate
judgment
appeals
remand
case
proceedings
consistent
opinion
ordered
jack
gross
petitioner
fbl
financial
services
writ
certiorari
appeals
eighth
circuit
june
justice
stevens
justice
souter
justice
ginsburg
justice
breyer
join
dissenting
age
discrimination
employment
act
adea
et
makes
unlawful
employer
discriminate
employee
individual
age
natural
reading
statutory
text
prohibits
adverse
employment
actions
motivated
whole
part
age
employee
causation
standard
endorsed
today
advanced
justice
kennedy
dissenting
opinion
price
waterhouse
hopkins
case
construing
identical
language
title
vii
civil
rights
act
reject
standard
case
congress
amended
title
vii
given
unambiguous
history
particularly
inappropriate
initiative
adopt
interpretation
causation
requirement
adea
differs
established
reading
title
vii
disagree
interpretation
statute
also
decision
engage
unnecessary
lawmaking
simply
answer
question
presented
certiorari
petition
hold
plaintiff
need
present
direct
evidence
age
discrimination
obtain
instruction
asks
whether
instruction
ever
appropriate
adea
case
acknowledges
question
granted
certiorari
instead
question
arose
first
time
respondent
brief
asked
us
overrule
price
waterhouse
respect
application
adea
brief
respondent
boldface
type
deleted
usual
course
entertain
request
raised
merits
brief
normally
expect
notice
intent
make
argument
respondent
opposition
petition
certiorari
cf
rule
thereby
assuring
adequate
preparation
time
likely
affected
wishing
participate
alabama
shelton
quoting
south
central
bell
telephone
alabama
yet
unconcerned
question
chooses
answer
briefed
parties
interested
amici
curiae
failure
consider
views
represents
agency
charged
administering
adea
especially
unfortunately
majority
inattention
prudential
practices
matched
utter
disregard
precedent
congress
intent
adea
provides
shall
unlawful
employer
fail
refuse
hire
discharge
individual
otherwise
discriminate
individual
respect
compensation
terms
conditions
privileges
employment
individual
age
emphasis
added
recognized
price
waterhouse
construed
identical
language
title
vii
see
making
unlawful
employer
fail
refuse
hire
discharge
individual
respect
compensation
terms
conditions
privileges
employment
individual
race
color
religion
sex
national
origin
emphasis
added
natural
reading
text
proscribes
adverse
employment
actions
motivated
whole
part
age
employee
price
waterhouse
concluded
words
individual
sex
mean
gender
must
irrelevant
employment
decisions
plurality
opinion
see
also
white
concurring
judgment
establish
violation
title
vii
therefore
held
plaintiff
prove
sex
motivating
factor
adverse
employment
recognized
employer
affirmative
defense
avoid
finding
liability
proving
made
decision
even
taken
plaintiff
sex
account
plurality
opinion
affirmative
defense
alter
meaning
made
clear
employer
considers
gender
legitimate
factors
time
making
decision
decision
sex
see
also
white
concurring
judgment
readily
rejected
dissent
contrary
assertion
construe
words
colloquial
shorthand
causation
said
misunderstand
plurality
opinion
today
however
interprets
words
adea
colloquial
shorthand
causation
ibid
construing
adea
rather
title
vii
justify
departure
precedent
relevant
language
two
statutes
identical
long
recognized
interpretations
title
vii
language
apply
equal
force
context
age
discrimination
substantive
provisions
adea
derived
haec
verba
title
vii
trans
world
airlines
thurston
quoting
lorillard
pons
see
generally
northcross
board
ed
memphis
city
schools
per
curiam
reason
justice
kennedy
dissent
price
waterhouse
assumed
plurality
framework
extended
adea
see
courts
appeals
considered
issue
unanimously
applied
price
waterhouse
adea
nonetheless
suggests
applying
price
waterhouse
inconsistent
adea
precedents
particular
relies
statement
hazen
paper
biggins
claim
succeed
unless
employee
protected
trait
actually
played
role
employer
decisionmaking
process
determinative
influence
outcome
ante
italicized
phrase
best
inconclusive
meaning
adea
language
however
passages
hazen
paper
demonstrate
also
stated
instance
adea
requires
employer
ignore
employee
age
emphasis
added
noted
hen
employer
decision
wholly
motivated
factors
age
violation
emphasis
altered
indicated
possibility
dual
liability
erisa
adea
decision
fire
employee
motivated
employee
age
pension
status
classic
scenario
moreover
hazen
paper
reeves
sanderson
plumbing
products
majority
also
relies
support
conclusion
adea
interpreted
consistently
title
vii
adea
cases
followed
standards
set
forth
title
vii
cases
including
mcdonnell
douglas
green
texas
dept
community
affairs
burdine
see
reeves
hazen
paper
means
indicates
majority
reasons
adea
cases
follow
standards
rather
underscores
adea
standards
generally
understood
conform
title
vii
standards
ii
conclusion
individual
age
means
age
motivating
factor
employment
decision
bolstered
congress
reaction
price
waterhouse
civil
rights
act
part
response
number
recent
decisions
sharply
cut
back
scope
effectiveness
civil
rights
laws
pt
hereinafter
congress
eliminated
affirmative
defense
liability
price
waterhouse
furnished
employers
provided
instead
employer
showing
limit
plaintiff
remedies
see
importantly
however
congress
ratified
price
waterhouse
interpretation
plaintiff
burden
proof
rejecting
dissent
suggestion
case
causation
proper
standard
see
unlawful
employment
practice
established
complaining
party
demonstrates
race
color
religion
sex
national
origin
motivating
factor
employment
practice
even
though
factors
also
motivated
practice
act
amended
title
vii
adea
respect
claims
reasonably
declines
apply
amended
provisions
proceeds
ignore
conclusion
compelled
interpretation
act
price
waterhouse
construction
remains
governing
law
adea
claims
recent
decision
smith
city
jackson
precisely
point
considered
case
effect
congress
failure
amend
provisions
adea
amended
corresponding
title
vii
provisions
act
noting
relevant
amendments
expanded
coverage
title
vii
amend
adea
speak
subject
age
discrimination
held
wards
cove
interpretation
title
vii
identical
language
remains
applicable
adea
discussing
wards
cove
packing
atonio
see
also
meacham
knolls
atomic
power
laboratory
slip
wards
cove
framework
congress
flatly
repudiated
title
vii
context
continues
apply
adea
claims
framework
congress
substantially
endorsed
surely
applies
curiously
reaches
opposite
conclusion
relying
congress
partial
ratification
price
waterhouse
argue
case
precedential
value
reasons
amendments
apply
adea
price
waterhouse
likewise
must
apply
congress
effectively
codified
price
waterhouse
holding
amendments
ante
follow
contrary
fact
congress
endorsed
interpretation
language
price
waterhouse
even
rejected
employer
affirmative
defense
liability
provides
reason
adhere
decision
test
indeed
congress
emphasized
passing
act
test
consistent
original
intent
enacting
title
vii
see
pt
enacting
civil
rights
act
congress
made
clear
intended
prohibit
invidious
consideration
sex
race
color
religion
national
origin
employment
decisions
stating
act
reaffirm
ed
reliance
prejudice
making
employment
decisions
illegal
see
also
pt
pp
amendments
title
vii
also
provide
answer
majority
argument
approach
proved
unworkable
ante
congress
codified
framework
title
vii
cases
vast
majority
antidiscrimination
lawsuits
concerns
framework
moment
truly
worried
difficulties
faced
trial
courts
juries
moreover
reach
today
decision
complicate
every
case
plaintiff
raises
adea
title
vii
claims
resurrection
causation
standard
unwarranted
price
waterhouse
repudiated
standard
years
ago
congress
response
decision
militates
crabbed
interpretation
adopts
today
answer
question
elected
take
whether
jury
instruction
ever
proper
adea
case
plainly
yes
iii
although
declines
address
question
granted
certiorari
decide
answer
question
following
unanimous
opinion
desert
palace
costa
accordingly
hold
plaintiff
need
present
direct
evidence
age
discrimination
obtain
instruction
source
debate
justice
opinion
concurring
judgment
price
waterhouse
writing
justice
argued
plaintiff
required
introduce
direct
evidence
sex
motivated
decision
plurality
framework
apply
many
courts
treated
justice
opinion
price
waterhouse
controlling
title
vii
adea
cases
light
statement
marks
hen
fragmented
decides
case
single
rationale
explaining
result
enjoys
assent
five
justices
holding
may
viewed
position
taken
members
concurred
judgments
narrowest
grounds
unlike
cases
marks
addressed
however
price
waterhouse
garnered
five
votes
single
rationale
justice
white
agreed
plurality
test
see
supra
disagreed
type
evidence
employer
required
submit
prove
result
occurred
absent
unlawful
motivation
taking
plurality
demand
objective
evidence
wrote
separately
express
view
employer
credible
testimony
suffice
justice
white
provided
fifth
vote
rationale
explaining
result
price
waterhouse
decision
marks
concurrence
properly
understood
controlling
like
plurality
require
introduction
direct
evidence
questions
raised
price
waterhouse
direct
evidence
requirement
settled
unanimous
decision
desert
palace
held
plaintiff
need
introduce
direct
evidence
meet
burden
case
title
vii
amended
civil
rights
act
construing
language
reasoned
statute
mention
much
less
require
heightened
showing
direct
evidence
congress
unequivocal
imposing
heightened
proof
requirements
statute
silence
respect
direct
evidence
held
meant
depart
onventional
rul
civil
litigation
requires
plaintiff
prove
case
preponderance
evidence
using
circumstantial
evidence
ibid
quoting
price
waterhouse
plurality
opinion
postal
service
bd
governors
aikens
also
recognized
consistent
acknowledgment
utility
circumstantial
evidence
discrimination
cases
analysis
desert
palace
applies
equal
force
adea
cf
ante
amendments
title
vii
language
adea
imposes
heightened
direct
evidence
requirement
specifically
recognized
utility
circumstantial
evidence
adea
cases
see
reeves
cited
desert
palace
moreover
hazen
paper
held
award
liquidated
damages
willful
violation
adea
require
proof
employer
motivation
direct
evidence
similarly
rejected
imposition
special
evidentiary
rules
adea
cases
see
swierkiewicz
sorema
consolidated
coin
caterers
desert
palace
thus
confirms
answer
provided
plurality
justice
white
price
waterhouse
adea
plaintiff
need
present
direct
evidence
discrimination
obtain
instruction
iv
endorsement
different
construction
critical
language
adea
title
vii
unwise
inconsistent
settled
law
standard
adopts
rejected
price
waterhouse
congress
civil
rights
act
yet
today
resurrects
standard
unabashed
display
judicial
lawmaking
respectfully
dissent
jack
gross
petitioner
fbl
financial
services
writ
certiorari
appeals
eighth
circuit
june
justice
breyer
justice
souter
justice
ginsburg
join
dissenting
agree
justice
stevens
instructions
appropriate
age
discrimination
employment
act
context
join
opinion
rejects
conclusion
ground
words
require
plaintiff
prove
age
cause
employer
adverse
employment
action
ante
majority
explain
words
inherently
require
showing
causation
see
reason
read
require
showing
one
thing
require
typical
tort
plaintiff
show
causation
context
reasonably
objective
scientific
commonsense
theories
physical
causation
make
concept
causation
comparatively
easy
understand
relatively
easy
apply
entirely
different
matter
determine
relation
consider
physical
forces
characterizations
constitute
motive
sometimes
speak
determining
discovering
motives
often
ascribe
motives
event
individual
light
individual
thoughts
circumstances
present
time
decision
case
characterize
employer
actions
taken
multiple
motives
say
employee
old
wore
loud
clothing
apply
causation
engage
hypothetical
inquiry
happened
employer
thoughts
circumstances
different
answer
hypothetical
inquiry
often
far
obvious
since
employee
likely
knows
less
employer
employer
thinking
time
employer
often
stronger
position
employee
provide
answer
plaintiff
know
certain
context
forbidden
motive
play
role
employer
decision
fact
jury
found
age
play
role
decision
justifies
use
word
employer
dismissed
employee
age
things
see
price
waterhouse
hopkins
plurality
opinion
therefore
see
nothing
wrong
concluding
plaintiff
established
violation
statute
law
need
automatically
assess
liability
circumstances
price
waterhouse
plurality
recognized
affirmative
defense
defendant
show
employee
dismissed
regardless
law
permits
employer
defense
forbidden
motive
age
role
actual
decision
employer
show
dismissed
employee
anyway
hypothetical
circumstance
motive
absent
makes
sense
affirmative
defense
rather
part
showing
violation
precisely
defendant
better
position
plaintiff
establish
acted
hypothetical
situation
see
cf
ante
stevens
dissenting
describing
title
vii
framework
see
nothing
unfair
impractical
allocating
burdens
proof
way
instruction
district
gave
seems
appropriate
lawful
says
pertinent
part
verdict
must
plaintiff
following
elements
proved
preponderance
evidence
plaintiff
age
motivating
factor
defendant
decision
demote
plaintiff
however
verdict
must
defendant
proved
preponderance
evidence
defendant
demoted
plaintiff
regardless
age
used
instructions
plaintiff
age
motivating
factor
plaintiff
age
played
part
role
defendant
decision
demote
plaintiff
however
plaintiff
age
need
reason
defendant
decision
demote
plaintiff
app
reasons
well
set
forth
justice
stevens
respectfully
dissent
footnotes
although
parties
specifically
frame
question
include
threshold
inquiry
statement
question
presented
deemed
comprise
every
subsidiary
question
fairly
included
therein
rule
see
also
city
sherrill
oneida
indian
nation
explicitly
mentioned
essential
analysis
decisions
correct
disposition
issues
treated
subsidiary
issues
fairly
comprised
question
quoting
stern
gressman
shapiro
geller
practice
ed
ballard
commissioner
evaluating
question
anterior
questions
parties
raised
justice
stevens
argues
must
incorporate
past
interpretations
title
vii
adea
substantive
provisions
adea
derived
haec
verba
title
vii
post
dissenting
opinion
internal
quotation
marks
omitted
frequently
applied
interpretations
title
vii
adea
see
post
approach
interpreting
adea
light
title
vii
uniform
general
dynamics
land
systems
cline
example
declined
interpret
phrase
age
bar
discrimination
people
ages
even
though
previously
interpreted
race
sex
title
vii
bar
discrimination
people
races
sexes
see
definitively
decided
whether
evidentiary
framework
mcdonnell
douglas
green
utilized
title
vii
cases
appropriate
adea
context
see
reeves
sanderson
plumbing
products
consolidated
coin
caterers
instance
textual
differences
title
vii
adea
prevent
us
applying
price
waterhouse
desert
palace
federal
age
discrimination
claims
justice
breyer
contends
nothing
unfair
impractical
hinging
liability
whether
forbidden
motive
play
ed
role
employer
decision
post
dissenting
opinion
decision
congress
make
see
florida
dept
revenue
piccadilly
cafeterias
slip
congress
amended
title
vii
allow
employer
liability
discrimination
motivating
factor
employment
practice
even
though
factors
also
motivated
practice
emphasis
added
similarly
amend
adea
see
supra
must
give
effect
congress
choice
see
penn
plaza
llc
pyett
slip
hold
adea
plaintiffs
retain
burden
persuasion
prove
claims
need
address
whether
plaintiffs
must
present
direct
rather
circumstantial
evidence
obtain
instruction
heightened
evidentiary
requirement
adea
plaintiffs
satisfy
burden
persuasion
age
cause
employer
adverse
action
see
imply
none
congress
unequivocal
imposing
heightened
proof
requirements
statutory
contexts
including
subsections
within
title
seen
fit
see
desert
palace
costa
see
also
imposing
clear
convincing
evidence
standard
justice
stevens
also
contends
must
apply
price
waterhouse
reasoning
smith
city
jackson
see
post
smith
applied
adea
interpretation
title
vii
respect
claims
despite
congress
amendment
adding
claims
title
vii
adea
amendments
made
congress
legislation
added
motivating
factor
language
title
vii
undermine
justice
stevens
argument
congress
explicitly
added
motivating
factor
liability
title
vii
see
supra
also
partially
abrogated
price
waterhouse
holding
eliminating
employer
complete
affirmative
defense
motivating
factor
claims
see
motivating
factor
claims
already
part
title
vii
addition
alone
sufficient
congress
careful
tailoring
motivating
factor
claim
title
vii
well
absence
provision
parallel
adea
confirms
transfer
price
waterhouse
framework
adea
gross
points
also
applied
framework
certain
claims
brought
contexts
pursuant
title
vii
see
brief
petitioner
citing
inter
alia
nlrb
transportation
management
claims
brought
national
labor
relations
act
nlra
mt
healthy
city
bd
ed
doyle
constitutional
claims
cases
however
require
adopt
contra
statutory
position
case
involving
nlra
require
decide
first
instance
whether
burden
shifting
apply
instead
deferred
national
labor
relation
board
determination
framework
appropriate
see
nlrb
supra
constitutional
cases
mt
healthy
bearing
correct
interpretation
adea
claims
governed
statutory
text
footnotes
question
presented
petitioner
case
whether
plaintiff
must
present
direct
evidence
age
discrimination
order
obtain
jury
instruction
suit
brought
adea
ante
filed
amicus
curiae
brief
supporting
petitioner
question
presented
oral
argument
government
urged
reach
issue
takes
today
see
tr
oral
arg
although
justice
white
stated
plaintiff
show
sex
substantial
factor
plurality
used
term
motivating
factor
standards
interchangeable
evidenced
justice
white
quotation
mt
healthy
city
bd
ed
doyle
burden
properly
placed
upon
plaintiff
show
illegitimate
criterion
substantial
factor
put
words
motivating
factor
adverse
decision
price
waterhouse
emphasis
added
see
also
plurality
opinion
using
substantial
motivating
interchangeably
doubt
aware
dictionaries
define
reason
account
ante
contrary
majority
bald
assertion
however
establish
term
denotes
causation
dictionaries
cites
instance
define
solely
reason
exclusively
account
price
waterhouse
recognized
words
mean
solely
held
inquiry
commanded
words
statute
whether
gender
motivating
factor
employment
decision
plurality
opinion
see
febres
challenger
caribbean
ostrowski
atlantic
mut
ins
starceski
westinghouse
elec
eeoc
casket
rachid
jack
box
wexler
white
fine
furniture
visser
packer
eng
en
banc
hutson
mcdonnell
douglas
lewis
ymca
per
curiam
see
also
gonzagowski
widnall
however
evidence
congress
intended
amendments
apply
adea
well
see
pt
noting
number
laws
banning
discrimination
including
age
discrimination
employment
act
adea
et
modeled
interpreted
manner
consistent
title
vii
laws
modeled
title
vii
interpreted
consistently
manner
consistent
title
vii
amended
act
including
provisions
justice
define
precisely
meant
direct
evidence
contrasted
evidence
circumstantial
evidence
desert
palace
costa
justice
might
intended
different
definition
affect
conclusion
believe
plaintiff
required
introduce
special
type
evidence
obtain
instruction