The Mixed-Motive Defense in Workplace Discrimination Actions and Its Procedural Issues in the Eleventh Circuit
Being fired from one's place of employment is an unfortunate incident that many Americans face on one or more occasions during their lifetimes. Discharged employees obviously experience some degree of economic loss by losing salaries and benefits. Even when rightfully discharged, employees may suffer emotional and psychological harm because of their perceived failure. This harm may be magnified when the employee has been discharged for wrongful, illegal reasons.
However, in some cases an employer may have legitimate, legal reasons to terminate an employee and simultaneously have illegal, discriminatory reasons. In such a "mixed-motives" situation, employers may be able to limit their liability or avoid liability altogether. This Comment discusses federal legislation promulgated to deter workplace discrimination and the background of the mixed-motives defense. In addition, it examines certain procedural issues and the nature of the mixed-motives defense in the Eleventh Circuit.
Weller, Richard A.
"The Mixed-Motive Defense in Workplace Discrimination Actions and Its Procedural Issues in the Eleventh Circuit,"
Mercer Law Review: Vol. 51:
2, Article 11.
Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol51/iss2/11