6th Circ.'s New 'Mixed-Motive' Standard Splits Courts

Law360, New York (August 1, 2008, 12:00 AM EDT) -- In ruling that an employee in a "mixed-motive" employment discrimination case need produce evidence only of two elements — that there was an adverse employment action and that a characteristic protected by Title VII was a factor — the U.S. Court of Appeals for the Sixth Circuit has set a new, lower bar for such cases to survive summary judgment, causing a rupture among circuit courts that cries out for resolution by the high court.

In its groundbreaking decision on July 3 in White v. Baxter...
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