Senate Judiciary Hearing on "Workplace Fairness"

At 10 AM tomorrow, the Senate Committee on the Judiciary will hold a hearing on "Workplace Fairness: Has the Supreme Court Been Misinterpreting Laws Designed to Protect American Workers from Discrimination?" (

One of the decisions that will be reviewed is Gross v. FBL Financial Services, Inc.  The Supreme Court held that a plaintiff bringing an ADEA claim must show by a preponderance of the evidence that age was the “but for” cause of the employer’s adverse employment decision.  Some have likened Gross v. FBL Financial Services to Lilly Ledbetter v. Goodyear Tire, a pay discrimination case that was subsequently overruled by the Lilly Ledbetter Fair Pay Act, signed into law earlier this year.

Depending on the outcome of tomorrow's hearing, it is possible that legislation to overturn the Supreme Court’s opinion in Gross will be introduced.