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

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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, February 8, 2018

Recorded event now available

or call 1-800-926-7926

This CLE course 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.


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.



  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


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?


Collins, Grant
Grant T. Collins

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
Jeanine Conley Daves

Office Managing Shareholder
Littler Mendelson

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

Gassman-Pines, Jenny
Jenny Gassman-Pines

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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