Under Title VII a plaintiff may prevail by showing the characteristic was a motivating factor. The employer may then limit remedies by proving it would have taken the same action regardless.
The framework does not apply to ADEA or ADA retaliation claims.
Alternative Names:
Mixed Motive|Motivating Factor Claim
Why it Matters?
The same-decision defense limits remedies to declaratory relief and attorney fees without damages or reinstatement, which converts a liability finding into a manageable outcome. Establishing it requires evidence the employer would have acted identically absent the protected characteristic, typically comparator treatment or documented deficiencies. The framework's unavailability under the ADEA after Gross means age claims require but-for causation throughout.
Frequently Confused with
Related terms
Frequently asked questions
What does the same-decision defense accomplish?
Does the framework apply to age claims?
