Practical Law Glossary Item 5-521-1274 (Approx. 3 pages)
Mixed Motive Case
An employment discrimination case in which there is evidence that the defendant employer had both lawful and discriminatory reasons for taking a particular adverse employment action. In a mixed motive case, once a plaintiff establishes that discrimination was a motivating factor in the employment decision, the burden shifts to the employer to prove that it would have made the same decision even without the unlawful factor. Unlike the after-acquired evidence defense, the employer must prove that the lawful reason was a motivating factor in the employment decision.