Race, color, religion, sex, or national origin is a motivating factor in a particular termination case, but the employee would have been terminated for failure to perform anyway. Which of the following most likely exists in this situation?

Question

Quizplus · Accepted Answer

A)An unlawful employment practice is established when the complaining party demonstrates that race, color, religion, sex, or national origin was a motivating factor for any employment practice, even though other factors also motivated the practice. Some employers in so-called "mixed motive" cases had taken the position that even though their actions were discriminatory, other factors like the employee's dubious behavior made the job action acceptable. Under CRA 1991, an employer cannot avoid liability by proving it would have taken the same action-such as terminating someone-even without the discriminatory motive.

Race, Color, Religion, Sex, or National Origin Is a Motivating