Navigating the Mixed-Motive Causation Standard in Title VII, ADA and FMLA Claims
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Employment and Workers Comp
- event Date
Thursday, February 8, 2018
- schedule Time
1:00 PM E.T.
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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This CLE course will provide employment counsel with a review how the mixed-motive causation standard is being applied in discrimination and retaliation cases and discuss practical implications for Title VII, ADA and FMLA claims.
Mr. Collins practices in both employment law and traditional labor law. On the employment side, he defends complex wage and hour lawsuits, including resisting class certification, and advises clients on issues of termination, severance and compliance. Mr. Collins’ labor practice involves advising clients on a variety of labor-related issues, including the recent phenomenon of employee social media use, responding to unfair labor practice charges, and handling grievance arbitrations. He is Co-Editor of the Minnesota Employment Law Report and is a frequent commentator in the news media on labor and employment cases.
Ms. Conley Daves has represented many of the nation’s leading companies in employment-related disputes and workplace investigations. She has successfully tried cases in both state and federal court and has significant experience litigating race, age, gender, religion and disability discrimination lawsuits, wage and hour class and collective actions and whistleblower and retaliation claims. Ms. Conley Daves advises and counsels clients in all industries, particularly the manufacturing, retail, financial services and media and entertainment industries and has represented clients before numerous government agencies. She navigates clients through all areas of employment law, from hiring to termination.
Public and private-sector clients look to Ms. Gassman-Pines for guidance on a wide range of issues, from contractual disputes to corporate divorces. She defends clients facing employment claims in courtroom and agency settings, including discrimination, whistleblower, and retaliation lawsuits. Ms. Gassman-Pines also regularly advises and defends corporate clients and individuals related to non-competition and non-solicitation agreements. She regularly educates audiences of in-house counsel, business executives and other trial attorneys about how to reduce liability exposure arising from business communications and also speaks across the country regarding recent developments in employment defense and investigations.
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.
- Mixed-motive causation—definition
- Raising the mixed-motive cause of action or defense
- At pleading stage
- At summary judgment
- At trial
- 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?
