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

Recording of a 90-minute CLE webinar with Q&A


Conducted on Thursday, February 8, 2018

Recorded event now available

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Program Materials

This CLE webinar will provide employment counsel with a review how the mixed-motive causation standard is being applied in discrimination and retaliation cases and discuss practical implications for Title VII, ADA and FMLA claims.

Description

Differing circuit court standards 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. During 2017, both the Second and Third Circuits issued rulings in mixed-motive cases alleging FMLA retaliation.

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.

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Outline

  1. Mixed-motive causation—definition
  2. Raising the mixed-motive cause of action or defense
    1. At pleading stage
    2. At summary judgment
    3. At trial
  3. Relevant case law and implications for employment litigation

Benefits

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?

Faculty

Collins, Grant
Grant T. Collins

Atty
Felhaber Larson

Mr. Collins practices in both employment law and traditional labor law. On the employment side, he defends complex wage...  |  Read More

Conley, Jeanine
S. Jeanine Conley

Shareholder
Littler Mendelson

Ms. Conley has represented many of the nation’s leading companies in employment-related disputes and workplace...  |  Read More

Gassman-Pines, Jenny
Jenny Gassman-Pines

Atty
Greene Espel

Public and private-sector clients look to Ms. Gassman-Pines for guidance on a wide range of issues, from contractual...  |  Read More

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