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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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join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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