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Feb. 11, 2010

Mixed Motives in Discrimination Cases

D. Gregory Valenza of Shaw Valenza discusses the mixed-motive defense in cases alleging employer discrimination.

D. Gregory Valenza

Partner Shaw Valenza

By D. Gregory Valenza

The plaintiff in an employment discrimination case must establish a link between the plaintiff's protected classification (e.g., race, sex, etc.) and adverse action (e.g., discharge, demotion, etc.). The opinions construing the Fair Employment and Housing Act say the plaintiff merely must show that unlawful discrimination was "a motivating factor" behind the allegedly discriminatory decision. The burden is not onerous. "A motivating factor" means ille...

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