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Bookmark or Share- The Mixed Motive Instruction in Employment Discrimination Cases: What ...mixed motive approach. The two-prong mixed motive case requires the employee to demonstrate that a protected character-istic (e.g., race, sex, national origin) was a substantial factor in an employer’s adverse action. If that is established, the employer then has the burden of proving that the de-cision would have been made in any event,
- Mixed Motives in Age Discrimination CasesUnder a “mixed motive” analysis, an employee can still prevail by showing that discrimination was one of the operative motives behind the alleged discriminatory act.
- The Failure of Mixed-Motives JurisprudenceDespite unanimously accepting a causation requirement in employment discrimination mixed-motives cases, in half a dozen mixed-motives cases, the Supreme Court has nevertheless split over and over on what exactly that requirement entails.
- The Mixed Motive Instruction in Employment Discrimination Cases: What ...The two-prong mixed motive case requires the employee to demonstrate that a protected characteristic (e.g., race, sex, national origin) was a substantial factor in an employer’s adverse action.
- Yale Law Journal - The Jurisprudence of Mixed MotivesThis Article conducts a sweeping examination of motivations in the law, from equal protection and employment discrimination to insider trading and income taxation. It develops a precise descriptive vocabulary for categorizing the treatment of mixed motives in numerous areas of law.
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