Judicial but-for standard for age-based treatment

AND · 29usc623:age-causation

Gross, 557 U.S. 167 (2009), governs §623(a)(1). A motivating-factor showing alone does not shift persuasion to the employer. Direct and circumstantial proof are available; McDonnell Douglas is a proof framework, not the statute or an inflexible universal pleading checklist.

Exact element source

because of such individual's age;
Source: docroot/ir/usc/title29.jsonl#title29_sec623; Unicode character offsets [293:326] (end exclusive); SHA-256 d7414b39849853d6a6068539da731f835b09d9f238c028f95f2d0dd04fb6f667.

All variants

Recorded DB variant labels, including zero-count variants
VariantDescriptionMerits instance blocksDistinct casesExample cases (up to 3 per group)
hiring/customer-service-and-pay-range-reasons1
Satisfied 0; not satisfied 1; excluded context 0
1/f3d/911/0450-01 — United States Court of Appeals for the Seventh Circuit · 2018 — not
pretext/grandbabies-remark-and-younger-replacement1
Satisfied 1; not satisfied 0; excluded context 0
1/f3d/924/0718-01 — United States Court of Appeals for the Fourth Circuit · 2019 — satisfied
pretext/inadequate-qualification-comparison1
Satisfied 0; not satisfied 1; excluded context 0
1/f3d/931/0786-01 — United States Court of Appeals for the Eighth Circuit · 2019 — not
reduction-in-force/retirement-reference-without-decision-link1
Satisfied 0; not satisfied 1; excluded context 0
1/f3d/934/0447-01 — United States Court of Appeals for the Fifth Circuit · 2019 — not

How courts decided this element

Annotation blocks, including explicitly excluded context
CaseElementHolding and scopeVariantExact source quotations
/f3d/911/0450-01 — United States Court of Appeals for the Seventh Circuit · 2018Judicial but-for standard for age-based treatmentnot
Counted merits instance
applied / merits

basis: no-evidence

The court affirms summary judgment on the actual ADEA treatment claim. Separate new material was forfeited, and the court also discusses it alternatively; that does not turn this case into a rule-only decision.
hiring/customer-service-and-pay-range-reasons
CUNA Mutual articulated several legitimate nondiscriminatory reasons for preferring Logemann: (1) he had customer-service experience (Wrolstad did not); (2) he showed great enthusiasm for the position; and (3) he was willing to work for a salary within the range established for the job (Wrolstad was not).
Source: docroot/ir/caselaw/f3d_911.jsonl#/f3d/911/0450-01; Unicode character offsets [15302:15608] (end exclusive); SHA-256 97257ab311a87aaf0349728d2a81d41258a880a37fd76ec64f8b0cd257d6efbc.

Evidence kind: fact; polarity: cuts-against; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

No evidence suggests that these reasons were pretextual.
Source: docroot/ir/caselaw/f3d_911.jsonl#/f3d/911/0450-01; Unicode character offsets [15609:15665] (end exclusive); SHA-256 97257ab311a87aaf0349728d2a81d41258a880a37fd76ec64f8b0cd257d6efbc.

Evidence kind: fact; polarity: cuts-against; absent flag: 1; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

The judge was right to enter summary judgment for CUNA Mutual on the age-discrimination claim.
Source: docroot/ir/caselaw/f3d_911.jsonl#/f3d/911/0450-01; Unicode character offsets [15666:15760] (end exclusive); SHA-256 97257ab311a87aaf0349728d2a81d41258a880a37fd76ec64f8b0cd257d6efbc.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

/f3d/924/0718-01 — United States Court of Appeals for the Fourth Circuit · 2019Judicial but-for standard for age-based treatmentsatisfied
Counted merits instance
applied / merits

basis: proved

The Fourth Circuit affirmed the jury's proved but-for inference from the full evidentiary record, not from the isolated remark alone.
pretext/grandbabies-remark-and-younger-replacement
After delivering the firing decision to Westmoreland, Carroway gathered Westmoreland's belongings and escorted her out of the building. While walking to Westmoreland's car, Carroway stated, "Oh, girl, you don't have nothing to worry about. You'll get another job. Just go home and take care of those grandbabies." TWC chose one of Westmoreland's subordinates, a 37-year-old, to replace her. The company did not take any disciplinary action against Sherrill, who was then 43 years of age.
Source: docroot/ir/caselaw/f3d_924.jsonl#/f3d/924/0718-01; Unicode character offsets [6333:6820] (end exclusive); SHA-256 c3db8421f8bbdeed51d7a4a2861e257d49fa1027dc6214fb9bd49f864ac871a3.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Taken as a whole, this evidence was sufficient for a reasonable jury to determine that TWC's justification was pretextual and that the company fired Westmoreland to make room for a younger worker.
Source: docroot/ir/caselaw/f3d_924.jsonl#/f3d/924/0718-01; Unicode character offsets [12847:13043] (end exclusive); SHA-256 c3db8421f8bbdeed51d7a4a2861e257d49fa1027dc6214fb9bd49f864ac871a3.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

/f3d/931/0786-01 — United States Court of Appeals for the Eighth Circuit · 2019Judicial but-for standard for age-based treatmentnot
Counted merits instance
applied / merits

basis: no-evidence

The court applies the ADEA but-for requirement and finds insufficient pretext evidence. This annotation is the ADEA component; Title VII/state-law components are not treated as identical legal standards.
pretext/inadequate-qualification-comparison
But there is evidence of awkward interviews and some unsavvy conduct, which is at least an arguable basis for Nationwide's purported motives.
Source: docroot/ir/caselaw/f3d_931.jsonl#/f3d/931/0786-01; Unicode character offsets [29089:29230] (end exclusive); SHA-256 bd7d6abcc578d40db50a1a656b87abe9556b06a3f8b2abc86266be2f2a7da446.

Evidence kind: fact; polarity: cuts-against; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

She needed to use the qualifications comparison evidence to prove pretext, and she did not introduce enough evidence to meet her burden in that way.
Source: docroot/ir/caselaw/f3d_931.jsonl#/f3d/931/0786-01; Unicode character offsets [29231:29379] (end exclusive); SHA-256 bd7d6abcc578d40db50a1a656b87abe9556b06a3f8b2abc86266be2f2a7da446.

Evidence kind: fact; polarity: cuts-against; absent flag: 1; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Accordingly, we affirm the district court's judgment that Heisler failed to meet her burden of production to show pretext.
Source: docroot/ir/caselaw/f3d_931.jsonl#/f3d/931/0786-01; Unicode character offsets [29380:29502] (end exclusive); SHA-256 bd7d6abcc578d40db50a1a656b87abe9556b06a3f8b2abc86266be2f2a7da446.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

/f3d/934/0447-01 — United States Court of Appeals for the Fifth Circuit · 2019Judicial but-for standard for age-based treatmentnot
Counted merits instance
applied / merits

basis: no-evidence

The employer’s reduction in force does not automatically defeat an age claim. The selected evidence addresses the remark’s context and lack of connection to the decisionmaker.
reduction-in-force/retirement-reference-without-decision-link
Between 2014 and 2018, the defendants, Transocean Offshore Deepwater et al., reduced their offshore fleet by 59%.
Source: docroot/ir/caselaw/f3d_934.jsonl#/f3d/934/0447-01; Unicode character offsets [30:143] (end exclusive); SHA-256 62ed31abd3cdc9f89edbacbe3cc8eec107e92aa53ae9b66a666acec6dbb84908.

Evidence kind: fact; polarity: cuts-against; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

And no other evidence shows, or even suggests, that Owen had any influence over the decision to terminate McMichael.
Source: docroot/ir/caselaw/f3d_934.jsonl#/f3d/934/0447-01; Unicode character offsets [20860:20976] (end exclusive); SHA-256 62ed31abd3cdc9f89edbacbe3cc8eec107e92aa53ae9b66a666acec6dbb84908.

Evidence kind: fact; polarity: cuts-against; absent flag: 1; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Because we agree that McMichael failed to raise a genuine issue of material fact, we AFFIRM.
Source: docroot/ir/caselaw/f3d_934.jsonl#/f3d/934/0447-01; Unicode character offsets [893:985] (end exclusive); SHA-256 62ed31abd3cdc9f89edbacbe3cc8eec107e92aa53ae9b66a666acec6dbb84908.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Court interpretations

interpretation

An employee who alleges that her employer violated this prohibition "must prove by a preponderance of the evidence (which may be direct or circumstantial), that age was the 'but-for' cause of the challenged employer decision." Gross v. FBL Fin. Servs., Inc. , 557 U.S. 167, 177-78, 129 S.Ct. 2343, 174 L.Ed.2d 119 (2009). In other words, an employee cannot prevail on an age discrimination claim by showing that age was one of multiple motives for an employer's decision; the employee must prove that the employer would not have fired her in the absence of age discrimination. Id. at 177, 129 S.Ct. 2343.

/f3d/924/0718-01 — United States Court of Appeals for the Fourth Circuit · 2019

An employee who alleges that her employer violated this prohibition "must prove by a preponderance of the evidence (which may be direct or circumstantial), that age was the 'but-for' cause of the challenged employer decision." Gross v. FBL Fin. Servs., Inc. , 557 U.S. 167, 177-78, 129 S.Ct. 2343, 174 L.Ed.2d 119 (2009). In other words, an employee cannot prevail on an age discrimination claim by showing that age was one of multiple motives for an employer's decision; the employee must prove that the employer would not have fired her in the absence of age discrimination. Id. at 177, 129 S.Ct. 2343.
Source: docroot/ir/caselaw/f3d_924.jsonl#/f3d/924/0718-01; Unicode character offsets [8471:9075] (end exclusive); SHA-256 c3db8421f8bbdeed51d7a4a2861e257d49fa1027dc6214fb9bd49f864ac871a3.

Gross, 557 U.S. 167 (2009), governs §623(a)(1). A motivating-factor showing alone does not shift persuasion to the employer. Direct and circumstantial proof are available; McDonnell Douglas is a proof framework, not the statute or an inflexible universal pleading checklist.