12.40 ELEMENTS OF CLAIM: (SEX) DISCRIMINATION - ELEMENTS (Mixed Motive) (42 U.S.C. Civ. 1983)

• Category: Federal - Jury Instructions - 8th Circuit - Civil - Product Liability
• State: Multi-State
• Control #: US-8THCIR-JURY-12-40
• Format: Word

Description

http://www.juryinstructions.ca8.uscourts.gov/8th%20Circuit%20Manual%20of%20Model%20Civil%20Jury%20Instructions.pdf 12.40 Elements of Claim: (Sex) Discrimination — ElementsMixedot Civiliviv. 1983) is a legal framework that allows individuals to bring a lawsuit against employers who have discriminated against them due to their gender. The law is based on Title VII of the Civil Rights Act of 1964 and applies to employers with 15 or more employees. Under this law, a plaintiff must be able to prove that their gender was a motivating factor in the employer's decision. This type of claim is known as a mixed motive claim. The plaintiff must show that their gender was at least a contributing factor in the adverse employment action against them. In addition, the plaintiff must also be able to prove that the employer would not have taken the same adverse action if the plaintiff had not been a member of their gender. The plaintiff must also be able to show that they suffered damages as a result of the employer's discrimination. Damages can include lost wages, emotional distress, and other economic damages. If successful, the plaintiff can be awarded compensatory and punitive damages.

12.40 Elements of Claim: (Sex) Discrimination — ElementsMixedot Civiliviv. 1983) is a legal framework that allows individuals to bring a lawsuit against employers who have discriminated against them due to their gender. The law is based on Title VII of the Civil Rights Act of 1964 and applies to employers with 15 or more employees. Under this law, a plaintiff must be able to prove that their gender was a motivating factor in the employer's decision. This type of claim is known as a mixed motive claim. The plaintiff must show that their gender was at least a contributing factor in the adverse employment action against them. In addition, the plaintiff must also be able to prove that the employer would not have taken the same adverse action if the plaintiff had not been a member of their gender. The plaintiff must also be able to show that they suffered damages as a result of the employer's discrimination. Damages can include lost wages, emotional distress, and other economic damages. If successful, the plaintiff can be awarded compensatory and punitive damages.