About the Course
Introduction
This CLE course will provide employment counsel with a review of 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.
Description
Differing circuit court findings 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. There remains a circuit split on the proper standard for proving retaliation claims under the FMLA.
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.
Presented By
Ms. Legault focuses her practice on labor and employment matters. She represents employers before federal and state courts and administrative agencies, as well as in arbitration and mediation proceedings, defending employers in matters arising under federal and state employment laws, including claims of discrimination, harassment, retaliation, whistleblower retaliation, wrongful termination, wage and hour violations, and breach of contract cases. In addition, Ms. Legault counsels employers on compliance with all U.S. federal and state labor and employment laws, and on topics such as workplace harassment, workplace violence, terminations, mass layoffs, unfair labor practices, drug and alcohol testing, employee handbooks and policies, and employment agreements. During the COVID-19 pandemic, she has advised clients on the associated legal issues, including return-to-work procedures, vaccination policies, mask requirements and mitigation strategies.
Ms. Turner's litigation experience includes defending employers in wrongful discharge, discrimination, harassment, retaliation, invasion of privacy, defamation, and wage and hour suits in state and federal courts. She counsels, trains, and represents clients on a broad range of employment law issues, including hiring, review, and termination procedures; workplace investigations; discrimination, harassment, and retaliation issues; wage and hour law and FMLA issues. Ms. Turner also drafts and updates personnel policies, workplace privacy issues, employee handbooks, drug and alcohol policies, employment agreements, trade secret issues, and non-competition agreements.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Tuesday, February 17, 2026
- schedule
1:00 p.m. ET./10:00 a.m. PT
I. Mixed-motive causation: definition
II. Raising the mixed-motive cause of action or defense
A. At pleading stage
B. At summary judgment
C. At trial
III. 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?
