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Employees Do Not Need to Present Direct Evidence of Discrimination to Gain Benefit of Mixed Motive Jury Instruction

Author: Jill Gormley, Strong and Clear Communications

In Desert Palace, Inc., v. Costa, +539 U.S. 90 (2003), the United States Supreme Court considered whether a judge may instruct a jury to find discrimination if the employee claiming discrimination presents only circumstantial evidence of discrimination, and if discriminatory intent is only one of the factors motivating the employer's conduct.