Mixed-Motive Causation Standard under Federal Law: A review of federal statutory law and discussion of recent case law developments for employment counsel

This course will review the mixed-motive causation standard under Title VII, the ADA, the ADEA, the FMLA and the NLRA. It will also provide an overview of the mixed-motive causation standard under these federal statutes. In addition, this course will discuss recent case law developments. Specifically, it will review the 11th Circuit Decision in Lapham v. Walgreen Co., decided December 13, 2023, which deepened the Circuit Split on the standard for causation for FMLA retaliation claims. Finally, this program will look at the recent decision by the National Labor Relations Board, Intertape Polymer Corp., 372 NLRB No. 133 (2023), which clarified the standard in evaluating the initial burden of persuasion in cases involving mixed motives for adverse employment actions under the NLRA.

Key topics to be discussed:

• Mixed-Motive Causation Standard under Federal Law
• Recent Case Law Developments – the 11th Circuit and the NLRB Decisions
• Practical Application for Employment Counsel

This course is co-sponsored with myLawCLE.

Closed-captioning available