“Mixed motive” discrimination cases under federal law

employment discrimination with phrase on the sheet“Mixed Motive” cases in employment: Under federal law, IF an employer has a “mixed motive” in taking the alleged action (discrimination), (but there is evidence of illegal motives and legitimate motives), then a judge or jury may examine whether or not the illegal motives were a “motivating factor” for the decision. The employee only needed to present sufficient evidence for a reasonable jury to conclude, by a preponderance of the evidence, that race, color, religion, sex, or national origin was a motivating factor for any employment practice. See Desert Palace v. Costa 539 US 90.