“Mixed-Motive Causation Under the Americans with Disabilities Act,” NYSBA Labor and Employment Law Journal
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“Mixed-Motive Causation Under the Americans with Disabilities Act,” NYSBA Labor and Employment Law Journal

May 1, 2010

“The Supreme Court’s recent decision in Gross v. FBL Financial Servs., Inc. casts significant doubt on the applicability of the existing mixed-motives causation test to discrimination claims brought under the Americans with Disabilities Act (“ADA”). This article examines the law on mixed-motive discrimination claims brought under the ADA and whether the burden-shifting “motivating factor” test remains applicable after Gross. …”