Video
Mar. 1, 2013
VIDEO: Impact of high court's 'mixed-motive' opinion uncertain
Neither employers nor the plaintiffs' bar perceives Harris' mixed-motive decision as a "big win," and it remains to be seen how the ruling will affect the decision whether to settle a case or go to trial. By Fraser McAlpine
The state Supreme Court's decision in Harris v. City of Santa Monica, 2013 DJDAR 1771 (Feb. 7), will alter the dynamic in many employment discrimination cases.
In its decision, the Supreme Court made two holdings that on the surface appear contradictory:
(1) A plaintiff can establish a claim of employment discrimination by showing that discrimination was a substantial motivating factor in the decision-making pr...
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