United States Eighth Circuit

In an employment age discrimination action wherein the jury returned a favorable verdict for plaintiff-employee, the judgment is reversed and remanded for a new trial where: 1) the jury instructions improperly shifted the burden of persuasion in light of the absence of direct evidence that age played a substantial role in an adverse employment decision; and 2) section 2002-e-2(m) of Title VII does not apply to claims arising under the ADEA.

Appellate Information

• Decided 05/14/2008
• Published 05/14/2008

Judges

Court

• United States Eighth Circuit

Counsel