Navigating the Mixed-Motive Causation Standard in Title VII, ADA, and FMLA Claims
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will provide employment counsel with a review of 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.
Outline
- Mixed-motive causation: definition
- Raising the mixed-motive cause of action or defense
- At pleading stage
- At summary judgment
- At trial
- 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
Laura Lawless
Partner
Squire Patton Boggs
Ms. Lawless is a trial lawyer who represents employers before federal and state courts and administrative agencies, as... | Read More
Ms. Lawless is a trial lawyer who represents employers before federal and state courts and administrative agencies, as well as in arbitration and mediation proceedings, defending employers in matters arising under federal and state employment laws, including claims of discrimination, harassment, retaliation, whistleblower retaliation, wrongful termination, wage and hour violations, and breach of contract, as well as in noncompetition, nonsolicitation, nondisclosure, trade secret and unfair competition cases. She also counsels and collaborates with human resources professionals, including assisting in workplace investigations, auditing wage and hour practices, reviewing and advising on leaves of absence, preparing executive employment agreements and separation agreements, drafting employment policies and handbooks, among other matters. Ms. Lawless is also a frequent contributor and speaker on employment and labor law topics.
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Melissa Legault
Attorney
Squire Patton Boggs
Ms. Legault focuses her practice on labor and employment matters. She represents employers before federal and state... | Read More
Ms. Legault focuses her practice on labor and employment matters. She represents employers before federal and state courts and administrative agencies, as well as in arbitration and mediation proceedings, defending employers in matters arising under federal and state employment laws, including claims of discrimination, harassment, retaliation, whistleblower retaliation, wrongful termination, wage and hour violations, and breach of contract cases. In addition, Ms. Legault counsels employers on compliance with all U.S. federal and state labor and employment laws, and on topics such as workplace harassment, workplace violence, terminations, mass layoffs, unfair labor practices, drug and alcohol testing, employee handbooks and policies, and employment agreements. During the COVID-19 pandemic, she has advised clients on the associated legal issues, including return-to-work procedures, vaccination policies, mask requirements and mitigation strategies.
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Sarah N. Turner
Partner
Gordon Rees Scully Mansukhani
Ms. Turner's litigation experience includes defending employers in wrongful discharge, discrimination, harassment,... | Read More
Ms. Turner's litigation experience includes defending employers in wrongful discharge, discrimination, harassment, retaliation, invasion of privacy, defamation, and wage and hour suits in state and federal courts. She counsels, trains, and represents clients on a broad range of employment law issues, including hiring, review, and termination procedures; workplace investigations; discrimination, harassment, and retaliation issues; wage and hour law and FMLA issues. Ms. Turner also drafts and updates personnel policies, workplace privacy issues, employee handbooks, drug and alcohol policies, employment agreements, trade secret issues, and non-competition agreements.
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