Labor/Employment
Sep. 27, 2002
Decision on Mixed-Motive Issue Sets 9th Circuit Apart
Focus Column - By Richard S. Rosenberg and John J. Manier - The 9th U.S. Circuit Court of Appeals recently ruled en banc that a plaintiff does not need "direct evidence" to prevail in a "mixed-motive" case under Title VII of the 1964 Civil Rights Act, 42 U.S.C. Section 2000e et seq. Costa v. Desert Palace, 2002 DJDAR 8738 (9th Cir. Aug. 2, 2002). This holding is contrary not only to an earlier decision in Costa by a three-judge panel but also to the rulings of most other federal appellate courts on this issue.
By Richard S. Rosenberg and John J. Manier
The 9th U.S. Circuit Court of Appeals recently ruled en banc that a plaintiff does not need "direct evidence" to prevail in a "mixed-motive" ca...
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