(L-R)Danielle Drossel and Ilona Turner of Oppenheimer Investigations Group. Courtesy Photos Mixed-Motive Cases: A Review of Three Competing Standards
"In many cases, however, the evidence demonstrates that the employer had both lawful and unlawful reasons for taking a particular adverse employment action. So how does the law treat these types of 'mixed motive' cases?" write Oppenheimer Investigations Group's Danielle Drossel and Ilona Turner.
October 03, 2023 at 10:02 PM
9 minute read
Employment Law
Employment statutes generally prohibit actions like hiring or firing that are "based on" or "because of" impermissible reasons. Determining motive is not always straightforward, as people often have multiple motives informing their actions. The analysis is easy when the evidence shows that the impermissible reason was the only reason for the decision: for example, if an employer refuses to hire the most qualified candidate just because of his race.
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