A mixed motive instruction is a legal term used in cases where a decision or action is motivated by both legitimate and illegitimate reasons. The input refers to the instruction given to a jury or judge to consider both the valid and invalid motives when determining the outcome of a case. The output of this instruction is a verdict or decision that takes into account the various motives behind the action or decision in question.
A mixed motive instruction is a legal instruction given to a jury in a discrimination case where the plaintiff alleges that both discriminatory and non-discriminatory motives were involved in the adverse employment action.
A mixed motive instruction is used when there is evidence to suggest that both discriminatory and non-discriminatory factors played a role in the employer’s decision to take adverse action against the employee.
The purpose of a mixed motive instruction is to inform the jury that even if the employer had both discriminatory and non-discriminatory motives, the plaintiff can still prevail if they can prove that discrimination was a motivating factor in the adverse employment action.
In cases where a mixed motive instruction is given, the burden of proof shifts to the employer to prove that they would have taken the same adverse action even without the discriminatory motive.
Yes, even if the employer proves that they would have taken the same action without the discriminatory motive, the plaintiff can still win if they can show that the discriminatory motive was a substantial factor in the adverse employment action.
No, mixed motive instructions are only used in cases where there is evidence to suggest that both discriminatory and non-discriminatory motives were involved in the adverse employment action.
If the jury finds both discriminatory and non-discriminatory motives, the plaintiff can still prevail if they can prove that discrimination was a motivating factor in the adverse employment action.
Yes, if the plaintiff prevails with a mixed motive instruction, they may be entitled to recover damages for any harm suffered as a result of the discrimination.
Yes, an employer can still be held liable for discrimination if the plaintiff can prove that discrimination was a motivating factor in the adverse employment action, even if the employer had non-discriminatory reasons as well.
While mixed motive instructions are most commonly used in employment discrimination cases, they can potentially be used in other types of discrimination cases as well, depending on the specific circumstances and applicable laws.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 13th April 2024.
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