If mixed motive is proven, and the employer can establish that he or she would have arrived at the same employment decision based on nondiscriminatory reasons, the employer's liability is limited to:

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In cases of mixed motive, where an employer can show they would have made the same decision for nondiscriminatory reasons, liability is limited to remedies that do not include monetary damages for things like emotional distress or punitive damages. This typically includes injunctive and declaratory relief to prevent future discrimination, as well as covering the plaintiff's legal costs.

If Mixed Motive Is Proven, and the Employer Can Establish