Mixed-motive same-decision partial affirmative defense (42 U.S.C. § 2000e-5(g)(2)(B))

DEFENSE · 42usc2000e-2:x-same-decision

(formerly `variant same-action-in-absence`) Employer proves it would have taken the same action in the absence of the impermissible motivating factor (partial defense limiting remedies) Partial affirmative defense under 42 U.S.C. § 2000e-5(g)(2)(B) to a § 2000e-2(m) mixed-motive violation: restricts remedies to declaratory/injunctive relief and attorney's fees, barring damages and reinstatement.

Exact element source

even though other factors also motivated the practice.
Source: docroot/ir/usc/title42.jsonl#title42_sec2000e-2; Unicode character offsets [11680:11734] (end exclusive); SHA-256 7b026a9ac957c5491602d868578271db8730b4c98650f1a4007b2e7430194c8b.

Routes and case patterns

Curated routes and observed case patterns
RouteDefinitionMerits instance blocksDistinct merits casesExamples (up to 3 cases per count group)
Unclassified route
provisional; provisional (1 case)
no definition yet0
Satisfied 0; not satisfied 0; excluded context 1
0

Used only in non-merits blocks (1).

Excluded context examples:

Desert Palace, Inc. v. Costa — 539 U.S. 90 (2003) · Supreme Court of the United States · 2003 — not reached · basis not recorded (42usc2000e-2: author: Fable · historical QA: PASS (QA1, neov2/qa/cases-v1-QA1.md) · changed after review; current content not independently reviewed) · rule-announced/merits · not counted
Pattern: not recorded

How courts decided this element

Annotation blocks, including explicitly excluded context
CaseElementHolding and scopePatternExact source quotations
Desert Palace, Inc. v. Costa — 539 U.S. 90 (2003) · Supreme Court of the United States · 2003 — not reached (42usc2000e-2: author: Fable · historical QA: PASS (QA1, neov2/qa/cases-v1-QA1.md) · changed after review; current content not independently reviewed)Mixed-motive same-decision partial affirmative defense (42 U.S.C. § 2000e-5(g)(2)(B))not_reached
Excluded from merits counts
rule-announced / merits

claim: (a)(1),(m); party: defendant Desert Palace, Inc., dba Caesars Palace (petitioner); count: Title VII sex-discrimination claim tried to the jury (discipline and termination); subject: party=defendant Desert Palace, Inc., dba Caesars Palace (petitioner); count=Title VII sex-discrimination claim tried to the jury (discipline and termination)

2000e-5(g)(2)(B) limited-remedies defense (law side: `effect limits-remedy`): jury was instructed on it and awarded damages, but the Court only describes the defense and uses its wording as a textual argument.
Unspecified routeNo source quotation recorded for this block.

Court interpretations

interpretation

In order to avail itself of the affirmative defense, the employer must “demonstrate] that [it] would have taken the same action in the absence of the impermissible motivating factor.”

Desert Palace, Inc. v. Costa — 539 U.S. 90 (2003) · Supreme Court of the United States · 2003 (42usc2000e-2: author: Fable · historical QA: PASS (QA1, neov2/qa/cases-v1-QA1.md) · changed after review; current content not independently reviewed)

In order to avail itself of the affirmative defense, the employer must “demonstrate] that [it] would have taken the same action in the absence of the impermissible motivating factor.”
Source: docroot/ir/caselaw/us_539.jsonl#/us/539/0090-01; Unicode character offsets [4084:4267] (end exclusive); SHA-256 9a7e4d9846d799473649658702ae2649d2f44f3694664d7d3e7eb291f31597df.

(formerly `variant same-action-in-absence`) Employer proves it would have taken the same action in the absence of the impermissible motivating factor (partial defense limiting remedies) Partial affirmative defense under 42 U.S.C. § 2000e-5(g)(2)(B) to a § 2000e-2(m) mixed-motive violation: restricts remedies to declaratory/injunctive relief and attorney's fees, barring damages and reinstatement.