42 U.S.C. § 2000e-5(g)(2)(B)

By Johanna T. Wise and Alexander Meier

Seyfarth Synopsis. The Eleventh Circuit clarifies the framework in mixed-motive cases. Although damages are limited, a plaintiff can establish a mixed-motive claim by showing a protected characteristic was a motivating factor for an adverse employment action.

Historically, district courts in the Eleventh Circuit were loath to depart from the traditional McDonnell Douglas burden-shifting
Continue Reading Un-Mixing The Mixed-Motive Standard