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Federal employee can bring mixed-motive age claim (access required)

By: Pat Murphy
Published: December 14, 2010

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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 (access required)

By: Correy Stephenson
Published: April 2, 2010

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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 (access required)

By: Pat Murphy
Published: January 21, 2010

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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 (access required)

By: Kimberly Atkins
Published: December 7, 2009

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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 (access required)

By: Nora Tooher
Published: August 27, 2009

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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 (access required)

By: Kimberly Atkins
Published: March 31, 2009

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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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