BarbriSFCourseDetails
  • videocam Live Online with Live Q&A
  • calendar_month January 7, 2026 @ 1:00 p.m. ET./10:00 a.m. PT
  • signal_cellular_alt Intermediate
  • card_travel Employment and Workers Comp
  • schedule 90 minutes

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

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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

Melissa H. Legault
Attorney
Squire Patton Boggs

Ms. Legault is a dedicated labor and employment lawyer licensed to practice law in both Arizona and California. With a strong focus on providing strategic legal advice and representation, she advises employers on a wide gamut of employment matters, helping them to achieve their business goals while complying with frequently changing federal, state and local requirements. Ms. Legault assists employers in navigating a wide range of labor and employment issues, including compliance, litigation and dispute resolution. She represents employers before federal and state courts and administrative agencies, as well as in arbitration and mediation proceedings. Specifically, Ms. Legault has successfully represented employers in complex matters involving wage and hour disputes, wrongful termination and whistleblower retaliation, discrimination, harassment and employment contracts. In addition, she counsels and collaborates with human resources professionals on compliance with all US federal and state labor and employment laws, and on topics such as workplace harassment, reasonable accommodations, FLSA compliance, commission plans, leave laws, protecting proprietary information, workplace violence, discipline and terminations, reductions-in-force, unfair labor practices, drug and alcohol testing, employee handbooks and policies, and employment agreements, among other topics. Ms. Legault is also well-versed in e-discovery matters.

Sarah N. Turner
Partner
Gordon Rees Scully Mansukhani, LLP

Ms. Turner is an active partner with the Employment, Labor and Life, Health, Disability & ERISA practice groups and one of the national leaders of the Firm’s Cannabis, Hemp & CBD practice group. She represents clients in Washington and Oregon and is a Co-Managing Partner of the firm’s Seattle office. Ms. Turner's Employment and Labor practice focuses on employers and includes a hybrid of counseling and litigation. She is an experienced litigator who has represented and defended employers in matters involving claims for wrongful discharge, discrimination, harassment, retaliation, privacy, defamation, ADA, leave and benefits, breach of contract, violation of non-competition and non-solicitation agreements, and wage and hour. Ms. Turner practices in both Washington and Oregon’s state and federal trial and appellate courts, and her practice includes arbitrations before American Arbitration Association and Judicial Arbitration and Mediation Services. She also has experience representing clients before federal and state agencies including the National Labors Relations Board, Equal Employment Opportunity Commission, Department of Labor, Department of Health, Washington’s Labor & Industries, Washington’s Human Rights Commission, Employee Security Department, Seattle Office of Civil Rights, Oregon’s Bureau of Labor and Industries, and other state and local administrative agencies.

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Wednesday, January 7, 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?