Eleventh Circuit Follows Gross in ADEA Case and Reverses Summary Judgment

In Mora v. Jackson Mem. Found., Inc., 2010 U.S. App. LEXIS 3668 (11th Cir. Feb. 23, 2010), the Eleventh Circuit Court of Appeals followed the recent United States Supreme Court decision in Gross v. FBL Financial Service, 129 S. Ct. 2343 (2009) and, applying the "but for" age standard, reversed a grant of summary judgment to an employer in the age discrimination case. Critically, the Court recognized that because there was a factual dispute as to whether an ageist comment was made [the alleged bad actor denied the comment was made], the issue and case should have been submitted to a jury. The Court reiterated the oft-cited standard that all inferences should be drawn in favor of the plaintiff-employee and remanded the matter for trial.