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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 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 Wednesday, January 18, 2023

Recorded event now available

or call 1-800-926-7926

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.


Differing circuit court findings 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. There remains a circuit split on the proper standard for proving retaliation claims under the FMLA.

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?


Lawless, Laura
Laura Lawless

Squire Patton Boggs

Ms. Lawless is a trial lawyer who represents employers before federal and state courts and administrative agencies, as...  |  Read More

Legault, Melissa
Melissa Legault

Squire Patton Boggs

Ms. Legault focuses her practice on labor and employment matters. She represents employers before federal and state...  |  Read More

Turner, Sarah
Sarah N. Turner

Gordon Rees Scully Mansukhani

Ms. Turner's litigation experience includes defending employers in wrongful discharge, discrimination, harassment,...  |  Read More

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