Federal employee can bring mixed-motive age claim 
By:
Pat Murphy
Published: December 14, 2010
Tags: age discrimination, Age Discrimination in Employment Act, but-for causation, McDonnell Douglas, Mixed-motive, Price Waterhouse
A federal employee could sue for age discrimination without meeting the traditional burden of proving that age was the “but-for” cause of his failure to obtain a promotion, the D.C. Circuit has ruled in reversing judgment.
Mixed-motive analysis applies to Title VII retaliation suit
By:
Correy Stephenson
Published: April 2, 2010
Tags: employment discrimination, Gross v. FBL Financial Services, Inc., Mixed-motive, retaliation, Title VII
A jury instruction on a mixed-motive theory of causation was appropriate in a Title VII retaliation case, the 5th Circuit has ruled.
Disabled worker can’t recover for mixed-motive firing
By:
Pat Murphy
Published: January 21, 2010
Tags: AMERICANS WITH DISABILITIES ACT, disability discrimination, Gross v. FBL Financial Services, Mixed-motive
A disability discrimination plaintiff could not recover damages when the loss of her job was the product of both lawful and unlawful motives, the 7th Circuit has ruled in reversing judgment.
New trial in Supreme Court age bias case
By:
Kimberly Atkins
Published: December 7, 2009
Tags: Age Discrimination in Employment Act, Mixed-motive, Protecting Older Workers Against Discrimination Act
A new trial has been ordered in the age discrimination case that went all the way to the Supreme Court, creating a tougher standard for plaintiffs to prove bias.
FMLA plaintiff can sue in mixed motive case
By:
Nora Tooher
Published: August 27, 2009
Tags: Family Medical Leave Act, Mixed-motive
A plaintiff can sue under the Family Medical Leave Act for on an adverse employment action motivated by both the employee’s use of FMLA leave and other permissible factors, the 6th Circuit has ruled in reversing a U.S. District Court.
Court hears arguments in age bias case
By:
Kimberly Atkins
Published: March 31, 2009
Tags: ADEA, Mixed-motive
WASHINGTON – The U.S. Supreme Court heard oral arguments Tuesday in an age discrimination case where the legal issues were so thorny, even a seasoned high court litigator was compelled to comment.
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