Preventing mixed motive employment discrimination cases
In a mixed motive case, the evidence shows that employer has taken adverse action for a combination of both legitimate and unlawful reasons. When a plaintiff in a Title VII case proves that a protected category played a motivating part in an employment decision, the defendant/employer may avoid a finding of liability only by proving by a preponderance of evidence that it would have made the same decision even if it had not taken the plaintiff's protected characteristic into account.