Correct Application of the Evidentiary Standard in Title VII Mixed-Motive Cases: Stacks v. Southwestern Bell Yellow Pages, Inc., The
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Authors
Dowd, Kelley E.
Issue Date
1995
Volume
28
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|Plaintiff-employees attempting to prevail in a mixed-motives, employment discrimination case under Title VII of the Civil Rights Act of 1964 need to prove that an impermissible reason was a motivating factor in the challenged employment decision. The evidentiary standard a plaintiff must meet to prove that an illegitimate reason was a motivating factor is a question that has not been addressed specifically by the United States Supreme Court, leaving the United States courts of appeals in confusion. The United States Court of Appeals for the Eighth Circuit in Stacks v. Southwestern Bell Yellow Pages, Inc. addressed the required evidentiary standard and interpreted the Supreme Court's first employment discrimination mixed-motives case, Price Waterhouse v. Hopkins, as allowing a plaintiff to produce either circumstantial evidence or direct evidence that an illegitimate reason was a motivating factor in the challenged employment decision. The Eighth Circuit held that an employee should be allowed to produce either direct or circumstantial evidence of an illegitimate motive. While many courts of appeals interpret Price Waterhouse as requiring a plaintiff to produce direct evidence, the Eighth Circuit's analysis in Stacks is the correct view. The Eighth Circuit's decision is consistent with the Supreme Court's decision in Price Waterhouse, court decisions prior to Price Waterhouse, and the goals of Title VII...
Description
Citation
28 Creighton L. Rev. 1095 (1994-1995)
Publisher
Creighton University School of Law