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Simple English definitions for legal terms

Mixed-Motive Instruction

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A quick definition of Mixed-Motive Instruction:

Mixed-motive instruction is a type of instruction used in discrimination and retaliation cases. It means that if someone did something wrong that hurt another person and it was motivated by a bad reason, then it is assumed that the person did something wrong. However, the person who did something wrong can try to prove that they would have done it anyway, even if they didn't have a bad reason. For example, if someone was fired because they were African American and because they didn't like the Yankees, the employer would be in trouble because not liking the Yankees is not a good reason to fire someone. But if someone was fired because they lied about their job qualifications and because they didn't like the Yankees, the employer would not be in trouble because lying about job qualifications is a good reason to fire someone, even if they didn't like the Yankees.

A more thorough explanation:

Mixed-motive instruction is a type of instruction used in discrimination and improper retaliation cases in courts. It is used to determine whether a defendant's action was motivated by an impermissible reason or not.

The instruction usually takes the following form: "If the plaintiff shows that the defendant did something that hurt her, and the action was motivated by an impermissible reason, there is a presumption that the defendant's conduct was wrong. The defendant may rebut this presumption by showing that it would have taken the action regardless of its impermissible motive."

For example, if an employer fired an employee because the employee was African American and also because the employee fraudulently overstated her job qualifications, the employer may not be liable for illegal racial discrimination. This is because fraudulently overstating job qualifications is a valid reason for firing someone regardless of their race. However, if the employer fired the employee because of their race and because they did not like the Yankees, the employer would likely be liable because not liking the Yankees is not a valid reason for firing someone.

There are different variations of mixed-motive instructions. Some trigger a presumption of liability if an improper motive played any part in a defendant's decision, while others require the improper motive to play a significant role in the decision. In some cases, plaintiffs must show that an improper motive was a "but-for" cause of the defendant's action.

Overall, mixed-motive instruction helps courts determine whether a defendant's action was motivated by an impermissible reason or not, and whether they should be held liable for discrimination or improper retaliation.

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15:06
Yeah sorry I can't answer that Lauren, I don't sleep with anyone if I'm not already dating them
Dkk
15:06
@Rightfullytherlauren: This is like a stupid thing that only really hot guys and women have to think about. I have never had to think about this before. No answer.
Dkk
15:07
@bigroger100: No idea. Probably when they released last year unless they were supposed to release already.
BulbasaurNoLikeCardio
15:08
@Rightfullytherlauren: I am apparently a hot guy or just a slut cause I have had this before. If it is a FWB then you gotta follow the rules on that like wrapping your tool and such but if it is a casual fuck/bootie call they do not need to know if you are trying to find love and what you are doing when you are busy
BulbasaurNoLikeCardio
15:09
You just have to be smart and accept your choices, I know some people will believe a casual hook up or FWB is a regular exclusive thing. Communication is key if you are playing it that way but it is very dangerous to have multiple partners at the same time in a non-exclusive way
babycat
15:09
Yeah you should make it clear to them it's not exclusive
BulbasaurNoLikeCardio
15:10
I have been on the receiving/hurt end thinking it was exclusive when I was just her human dildo and it makes you feel bad.
babycat
15:11
Aw poor Bulbasaur
Dkk
15:11
In all of these situations described, the point of failure happened way before the emotional reality set in.
babycat
15:11
I'm like extremely monogamous at heart
babycat
15:12
I'm never dating or fucking more than one person at a time
babycat
15:12
But one time this guy I'd been dating for a little bit had a tinder notification come up on his phone and I flipped my shit lol
1a2b3c4d26z
15:12
Yea but isn't that just cheating
1a2b3c4d26z
15:12
If you're already dating
babycat
15:13
I mean like casual dating without a label
BulbasaurNoLikeCardio
15:13
My wife and I date girls together but we don't fuck unless it is going to be exclusive but having hot chick friends you can flirt with is great.
babycat
15:13
I also have hot chick friends I can flirt with
BulbasaurNoLikeCardio
15:13
@babycat: Tinder spams marketing messages so dude probably forgot to delete but either way he didn't deserve you so fuck him
babycat
15:14
That was actually it but I was mean to him for like two days about it anyways
Dkk
15:14
Yeah, I am going to bed. I am starting to feel tired. Goodnight.
15:14
Goodnight DK
Dkk
15:14
Thank you. Goodnight to you too.
babycat
15:14
don't let the bedbugs bite
Dkk
15:14
Yeah cus bed bugs can carry aids.
BulbasaurNoLikeCardio
15:14
The whole having a group of hot chick friends you can flirt with while going out is great. Makes for a fun and safer environment when drinking.
babycat
15:15
I love my hot chick friends. Don't know where I would be without them
15:15
Crazy story, I had dinner with the dad of a friend of mine and he just openly went on Tinder in front of me and the other guys. Later my mom ran into him with another woman (not his wife/friend's mom) and he got very uncomfortable and never texted her again
15:15
I can't imagine what it's like being a cheater or like a serial dater. Shit seems so nervewracking
BulbasaurNoLikeCardio
15:16
My wife and I have great and open communication but one night she kept asking me why this girl is blowing up my phone with messages/pictures so I showed her... she got a new puppy and got drunk so had her puppy doing a fashion shoot at 11pm.
babycat
15:16
Awwww
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