A plaintiff need not present direct evidence of discrimination to get a mixed-motive jury instruction
By Richard J. Gonzalez
Federal Civil Practice,
March 2004
Plaintiffs' employment lawyers are hailing the 2003 United States Supreme Court decision Desert Palace v. Costa, 539 U.S. _____, 123 S. Ct. 2148 (2003) and, just as they did over a decade ago when the Court handed down Price Waterhouse v. Hopkins, 490 U.S. 228, 109 S. Ct. 1775 (1989), and when Congress passed the Civil Rights Act of 1991, hope that it provides a long-awaited breakthrough in employment discrimination law that will fundamentally alter the playing field which they have traditionally viewed as overwhelmingly favoring employers.
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