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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.

Mitigation of Damages | MLS

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13:34
i don't think it has a detrimental effect on your chances of admission
13:34
but also you don't need to tell them anything so lol
Can y'all help me understand something lol. What does it mean for an app to "go complete"? Is that when the school has reviewed it and made a decision?
13:35
Na, it's when they have all the required information
Gotcha. So what would be the difference between received and completed?
Does complete entail like the app + LORs?
13:35
correct
That makes sense. Thank you!
13:36
complete basically means they've acknowledged receipt and it's ready to go under review whenever they start the deliberative process
Quillinit
13:40
I still haven't had Chicago or Cornell go complete, but I think that's just how they be
13:41
when did you submit
CaringEquableGuppy
13:42
How do you know when an application is complete? Is it on LSAC or the school's portal?
13:43
it'll be on the school-specific portal
Quillinit
13:44
when they opened
Quillinit
13:45
they both say something along the lines of "received and waiting to be processed"
13:48
anyone have good resources for revising a personal statement for reuse after applying with it last cycle?
13:49
Any guesses when Cornell and Penn CRS fee waivers will go out?
13:51
@Quillinit: from my recollection, chicago and cornell collapse complete/UR1 into a single step, so they may simply not be ready to begin reviewing applications
13:52
i think it's fair to assume, barring a handful of schools like UVA, most schools won't begin reviewing applications in earnest until the beginning of next month at the earliest, so it wouldn't be surprising to hear that applications are just sitting in the queue
13:54
@oakenrays: I was just gonna write a new one personally but I think you want to make it recognizably different from your previous PS
13:56
@baddestbunny: definitely agree that some revision and additional information is warranted but, my why law is the same... I guess just tell the same story in a different way
14:03
ugh fineeee I'll write a new stupid essay
14:07
yeah I told my last essay about a formative experience and am trying to update it now to be about what I’ve learned since that experience
recently wrapped up interview
i re-wrote my PS this cycle when I reapplied
fire drill at work
so lit
Quillinit
15:10
oh fun @info-man, Chicago just changed to complete today, so we'll see
boglue
15:23
do you have to have lawhub advantage for the lsd status checker to work
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