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California Supreme Court - Mixed-Motives

Saturday, 05 July 2014 00:00
California Supreme Court - Mixed-Motives

In February, the California Supreme Court ruled that a jury in a mixed-motive case alleging unlawful termination should be instructed that it must find the employer's action was substantially motivated by discrimination before the burden shifts to the employer to make a same-decision showing, and that a same-decision showing precludes an award of reinstatement, back pay, or damages.

http://blogs.findlaw.com/california_case_law/2013/03/mixed-motive-discrimination-upends-price-is-right-models-win.html#more

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