Under the 1991 Givil Rights Act, a plaintiff can establish an unlawful employment practice by…

Under the 1991 Givil Rights Act, a plaintiff can establish an unlawful employment practice by showing that a protected characteristic (such as race, sex, color, religion, or national origin) was a motivating factor in an employment decision, even if other legitimate factors – for example, the fact that the plaintiff was frequently tardy, absent, or violated company policies – also motivated the decision. A plaintiff only needs to prove that a protected characteristic was a motivating factor – one of the reasons for the decision – no matter how small a role it played. Basically, this set of circumstances reflects ◻ in which the employer is accused of having both a legitimate and illegitimate reason for making the employment decision.
Mixed motive case of disparate impact
Mixed motive case of disparate treatment
Mixed intentions case of adverse impact
Wholly intentional case of discrimination