CARTER v. LUMINANT POWER SERVICES COMPANY

No. 12-10642.

ANTHONY CARTER, Plaintiff-Appellant, v. LUMINANT POWER SERVICES COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Filed: April 3, 2013.


PATRICK E. HIGGINBOTHAM, Circuit Judge.

Title VII of the Civil Rights Act of 1964 proscribes several types of discrimination. Included among them is "mixed motive" discrimination: discrimination motivated in part, but not entirely, by an impermissible factor. An employer found to have acted with such a motivation can limit a plaintiff's recovery by demonstrating that it would have made the "same decision" regardless. But under 42 U.S.C. § 2000e-5(g)(2)(B)(i)...

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