Mixed-motive instructions are used by courts in many discrimination and improper retaliation cases. These instructions usually take the following form: "If the plaintiff shows that the defendant did something that hurt them, 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 they would have taken the action regardless of its impermissible motive."
For example, where an employer fired an employee in part because the employee was Black, and in part because the employee fraudulently overstated their job qualifications, the employer probably would not be liable for illegal racial discrimination, because fraudulently overstating your job qualifications is grounds for firing regardless of race. If, however, the employer fired the employee because of the employee's race and because the employee did not like the Yankees, the employer would probably be liable, because not liking the Yankees is generally insufficient grounds to fire someone.
See also: Employment Discrimination Law
There are several variants to these instructions. Some, such as the example outlined above, trigger a presumption of liability if an improper motive played any part in a defendant's decision. Others require the improper motive to play a significant role in the decision.
[Last updated in July of 2023 by the Wex Definitions Team]