In a 5-4 decision authored by Justice Thomas, the Supreme Court has ruled in Gross v. FBL Financial Services, Inc. that plaintiffs bringing disparate treatment claims under ADEA must prove that age was the but-for cause of the unfavorable employment action taken. The Court expressly rejected the application of the "mixed motive" framework used in Title VII cases, in which, once a plaintiff proves that plaintiff's membership in a disfavored class was a motivating factor for the employment action, the burden shifts to the employer to prove that it would have taken the adverse action regardless of plaintiff's membership in a disfavored class. Justices Stevens and Breyer wrote dissenting opinions. The full opinion is available at http://www.supremecourtus.gov/opinions/08pdf/08-441.pdf.