Mixed Motive Discrimination
"Mixed motive" discrimination is a category of discrimination under Title VII of the Civil Rights Act of 1964. Where the plaintiff has shown intentional discrimination in a mixed motive case, the defendant can still avoid liability for Monetary damages, money damages by demonstrating by a Legal burden of proof, preponderance of the evidence that the same decision would have been made even in the absence of the impermissible motivating factor. If the defendant establishes this defense, the plaintiff is then entitled only to declaratory relief, declaratory and Injunction, injunctive relief, attorney's fees, and costs. Orders of reinstatement, as well as the substitutes of back and front pay, are prohibited if a same decision defense is proven. 42 U.S.C. §2000e-5(g)(2)(B). In the landmark case, ''Price Waterhouse v. Hopkins'' (, the Supreme Court of the United States, Supreme Court ruled that direct evidence is not required for a plaintiff to prove that discrimination was a motivating ...
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Discrimination
Discrimination is the process of making unfair or prejudicial distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong, such as race, gender, age, class, religion, or sexual orientation. Discrimination typically leads to groups being unfairly treated on the basis of perceived statuses based on ethnic, racial, gender or religious categories. It involves depriving members of one group of opportunities or privileges that are available to members of another group. Discriminatory traditions, policies, ideas, practices and laws exist in many countries and institutions in all parts of the world, including some, where such discrimination is generally decried. In some places, countervailing measures such as quotas have been used to redress the balance in favor of those who are believed to be current or past victims of discrimination. These attempts have often been met with controversy, and sometimes been called re ...
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