An adea plaintiff must prove that his age was the but for cause of the challenged adverse action the burden of persuasion does not shift to the employer as it does in title vii mixed motive cases even if the plaintiff has offered evidence of age discrimination the office of the solicitor general represents the eeoc in the us supreme court. The supreme court turns its back on age discrimination also on forbes yet adea cases constituted only two percent of its merit resolutions where outcomes were favorable to parties . Damages for winning an age discrimination case the age discrimination in employment act the federal age discrimination in employment act adea bars employers with 20 or more employees from discriminating against employees who are 40 years of age or older under the adea a covered employer cannot discriminate against an older worker in . As a result of the supreme courts decision in gross future adea cases will be limited to those in which the employee can prove that age discrimination was the actual cause for the adverse . The adea and litigating age discrimination when the age discrimination in employment act adea was enacted in 1967 congress declared that this act would make age discrimination in the workplace unlawful fifty years later the adea is still alive and well
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