Tenth Circuit Affirms that Pattern and Practice Claims are Alive Under the Age Discrimination in Employment Act

By Steven M. Gutierrez

The link below will highlight a recent case out of the 10th Circuit Court of Appeals, Thompson v. Weyerhaeuser Co., --- F.3d ----, 2009 WL 2902069 (10th Cir.)  In Thompson, the 10th Circuit addressed the impact of the United States Supreme Court's ruling in Gross v. FBL Financial Services, 129 S.Ct. 2343 (2009), wherein the Supreme Court rejected the so-called “mixed-motive” theory in age discrimination cases.  It was based upon the holding of Gross that the employer in the Thompson case attempted to argue that "mixed-motive" cases under the Age Discrimination in Employment Act (ADEA) are no longer viable.  The 10th Circuit rejected that argument finding that Gross was inapposite.  For a more detailed discussion of the Thompson case, follow this link:  http://www.hollandhart.com/newsitem.cfm?ID=1606