"A Motivating Factor" - The Sixth Circuit's Proof Standard in Mixed-Motive Cases

An employment discrimination plaintiff to defeat summary judgment on a mixed-motive claim need only present sufficient evidence of (1) an adverse employment action; and, (2) a protected characteristic (race, color, religion, sex, age, national origin, disability) was "a motivating factor," the Sixth Circuit ruled in White v. Baxter Healthcare Corp. (No. 07-1626 decided July 3, 2008).  The Court specifically rejected application of the McDonnell Douglas burden-shifting framework.

The Court also discounted the employer's explanation that the plaintiff had not been promoted owing in large part to a poor interview, observing that "any evaluation of White's interview performance is an inherently subjective determination, and thus easily susceptible to manipulation in order to mask the interviewer's true reasons for making the promotion decision." 

Robert L. Abell
www.RobertAbellLaw.com   

Related articles

Nursing supervisor loses discrimination case in white patient's care at Mary Free Bed

Employee Cannot Waive Claims Under the Equal Pay Act, Sixth Circuit Rules

Agreement To Shorten Limitations Period for Wage and Overtime Claims Not Enforceable, Sixth Circuit Rules

Gelbach: Can Empirical Evidence Tell Us the Effects of Twombly & Iqbal?

The Attorney-Client Privilege In Kentucky: When Does It Apply To Statements By A Corporation's Employees?

Countrywide Financial Race Discrimination Class Action Denied

Landlord Can Be Liable For Tenant's Injuries Caused By Leaky Roof, Kentucky Court of Appeals Rules