Navigating the Mixed-Motive Causation Standard in Title VII, ADA and FMLA Claims

Differing circuit court standards on the standard of proof courts should apply in mixed-motive discrimination and retaliation cases are creating questions and grey areas for employment counsel defending claims. During 2017, both the Second and Third Circuits issued rulings in mixed-motive cases alleging FMLA retaliation.

Employment counsel must understand how courts are ruling in mixed-motive cases in order to advise and defend employers.

Listen as our authoritative panel of employment litigators analyzes recent legal developments in the application of the mixed-motive causation standard in discrimination and retaliation cases. The panel will review practical implications for employment counsel defending claims under Title VII, the ADA and the FMLA.

1. Mixed-motive causation—definition
2. Raising the mixed-motive cause of action or defense
   1. At pleading stage
   2. At summary judgment
   3. At trial
3. Relevant case law and implications for employment litigation

The panel will review these and other key issues:

• What is the mixed-motive causation standard and when does it typically arise in employment cases?
• How have courts recently ruled in discrimination and retaliation cases alleging a mixed motive?
• How can employers’ counsel successfully defend cases alleging mixed motive in light of differing circuit court rulings?