Un-Mixing The Mixed-Motive Standard

Seyfarth Synopsis. The Eleventh Circuit clarifies the framework in mixed-motive cases. Although damages are limited, a plaintiff can establish a mixed-motive claim by showing a protected characteristic was a motivating factor for an adverse employment action.

 

Historically, district courts in the Eleventh Circuit were loath to depart from the traditional McDonnell Douglas burden-shifting framework in all but the most egregious employment discrimination cases involving allegations of direct evidence.  That preference and the exclusivity of McDonnell Douglas is, however, showing signs of erosion.

 

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