A hot area of the Americans with Disabilities Act jurisprudence is the question of mixed motive. That is, can a plaintiff get a mixed motive jury instruction in Americans with Disabilities Act cases, or for that matter in Rehabilitation Act cases as well, in light of Gross v. FBL Financial Services? Previously, we have
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Is a Mixed Motive Jury Instruction Dead under the Americans with Disabilities Act? Rehabilitation Act?
By William Goren on
At the top of the legal resources section on this page, you will see a link to an article that I wrote regarding whether a mixed motive jury instruction is available under the Americans with Disabilities Act. A mixed motive jury instruction is an instruction that says that liability can exist if the plaintiff can…