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Supreme Court Clarifies Standard of Proof for Mixed-Motive Discrimination Cases Image

Supreme Court Clarifies Standard of Proof for Mixed-Motive Discrimination Cases

Robert P. Lewis

At the conclusion of its most recent 2002-2003 term, the U.S. Supreme Court issued a decision clarifying plaintiffs' standard of proof in "mixed-motive" employment discrimination cases under Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991. In <i>Desert Palace, Inc. v. Costa</i>, the Court held that a plaintiff is required to prove by direct evidence that an unlawful factor was a "motivating factor" in the challenged adverse employment action. Instead, a plaintiff can prove his or her discrimination claim in a mixed-motive case by circumstantial evidence. As a result of this decision, defendants will find it more difficult to obtain summary judgment dismissing mixed-motive discrimination cases prior to trial, the result of which will be that more such cases will be subjected to the uncertainties of jury trials.

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November issue in PDF format

ALM Staff & Law Journal Newsletters

Features

Hostile Environment As Form of Retaliation Image

Hostile Environment As Form of Retaliation

ALM Staff & Law Journal Newsletters

Can the creation of a hostile environment suffice as an adverse employment action in a retaliation claim under Title VII and in similar state and city actions?

October issue in PDF format Image

October issue in PDF format

ALM Staff & Law Journal Newsletters

Features

Letter from the Editor Image

Letter from the Editor

ALM Staff & Law Journal Newsletters

A "hello" from our new Editor-in-Chief, Elizabeth Anne "Betiayn" Tursi.

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Quiz of the Month

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Test your knowledge of the law!

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Cameo Clips

ALM Staff & Law Journal Newsletters

Copyright Jurisdiction/ Television Licenses&nbsp;The issue of whether a TV programming license was properly terminated is to be decided by a state, rather…

October issue in PDF format Image

October issue in PDF format

ALM Staff & Law Journal Newsletters

October issue in PDF format Image

October issue in PDF format

ALM Staff & Law Journal Newsletters

October issue in PDF format Image

October issue in PDF format

ALM Staff & Law Journal Newsletters

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