In an Age Discrimination in Employment Act (ADEA) action claiming that defendant demoted plaintiff because of his age, judgment for plaintiff is reversed where the burden of persuasion should not have been shifted to the defendant in this ADEA case considering that plaintiff never set forth any direct evidence of age discrimination, and the jury instruction at issue impermissibly shifted the burden in such a manner.

Read Gross v. FBL Fin. Servs., Inc., No. 07-1490

Appellate Information

Submitted: September 28, 2009

Filed: November 30, 2009

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