Tuesday, April 27, 2021
The Eleventh Circuit issued an opinion earlier this month holding that neither McDonnell Douglas nor the Eleventh Circuit's convincing mosaic test apply in federal sector ADEA cases. The Court held that because those tests require a showing of “but for” cause, those tests set too high of a burden for the federal sector provision of the ADEA (which does not require "but for" cause). Instead, the Court held that a plaintiff can prevail by showing that age or protected activity played any part in the way a decision was made. The case is Durr v. Sec'y, Dep't of Veterans Affs., No. 19-13153, 2021 WL 1291135, at *1 (11th Cir. Apr. 7, 2021).