Charting The Supreme Court’s Burden-Shifting Jurisprudence in Employment Discrimination Cases Through Gross v. FBL Services, inc. by Jeff Weber

I. Introduction “[I]t has become evident in the years since . . . that [the] burden-shifting framework is difficult to apply. . . . Thus, even if [the burden-shifting framework were] doctrinally sound, the problems associated with its application have eliminated any perceivable benefit from extending its framework to ADEA claims.”[1] With this sweeping language,