Prof. Befort Receives AARP Grant

Professor Stephen Befort has received a grant from the American Association of Retired Peoples to undertake an empirical research project. The project involves analyzing federal court case outcomes under the Age Discrimination in Employment Act both before and after the Supreme Court modified the standard for determining employer liability. Prior to 2009, courts found liability under the ADEA whenever age was a motivating factor for an adverse employment action. In 2009, the Supreme Court ruled liability would only result if age was the “but-for” reason for an adverse action. Professor Befort will use the project data to compare outcomes from before 2009 with outcomes post-2009. The twin objectives of the grant are to produce a law review article and to provide AARP with data to lobby Congress in support of a proposed change in the ADEA liability standard.