Mixed Motive: A Comprehensive Guide to Its Legal Significance

Definition & Meaning

Mixed motive refers to a legal concept in employment law used to demonstrate illegal discrimination against an employee. It arises when an employer has both legitimate and discriminatory reasons for making an employment decision. Under Title VII of the Civil Rights Act of 1964, it is unlawful for employers to discriminate against individuals based on characteristics such as race, color, religion, sex, or national origin. In a mixed motive case, the plaintiff must present strong circumstantial evidence suggesting that discrimination played a role in the employer's decision-making process.

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Real-world examples

Here are a couple of examples of abatement:

(hypothetical example) An employee is passed over for a promotion. The employer cites the employee's lack of experience as the reason, but evidence shows that the decision was also influenced by the employee's race. In this case, the employee could argue a mixed motive for the decision.

Comparison with related terms

Term Definition Key Differences
Mixed Motive Employment decisions influenced by both legitimate and discriminatory reasons. Requires evidence of discrimination as a motivating factor.
Pretext A false reason given by an employer to cover up discrimination. Focuses solely on proving that the employer's stated reason is not true.
Disparate Treatment Intentional discrimination against an individual based on a protected characteristic. Does not require evidence of legitimate reasons for the decision.

What to do if this term applies to you

If you believe you have been subjected to mixed motive discrimination, consider taking the following steps:

  • Gather evidence that supports your claim, including emails, performance reviews, and witness statements.
  • Consult with a legal professional who specializes in employment law to assess your situation.
  • Explore US Legal Forms for templates that can assist you in filing a discrimination claim.

Quick facts

  • Typical legal area: Employment law
  • Key statute: Title VII of the Civil Rights Act of 1964
  • Evidence required: Circumstantial evidence of discrimination

Key takeaways

Frequently asked questions

A mixed motive claim is a legal argument that an employment decision was influenced by both legitimate and discriminatory reasons.