Mixed-Motive Causation Standard under Federal Law: A review of federal statutory law and discussion of recent case law developments for employment counsel

Megan Knowlton Balne
Megan Knowlton Balne | Hyland Levin Shapiro LLP

Megan Knowlton Balne, a partner with the law firm Hyland Levin Shapiro LLP, leads the Employment Practice Group.

On-Demand: February 23, 2024

$195.00 1.5 hour CLE

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Program Summary

This course will review the mixed-motive causation standard under Title VII, the ADA, the ADEA, the FMLA and the NLRA. It will also provide an overview of the mixed-motive causation standard under these federal statutes. In addition, this course will discuss recent case law developments. Specifically, it will review the 11th Circuit Decision in Lapham v. Walgreen Co., decided December 13, 2023, which deepened the Circuit Split on the standard for causation for FMLA retaliation claims. Finally, this program will look at the recent decision by the National Labor Relations Board, Intertape Polymer Corp., 372 NLRB No. 133 (2023), which clarified the standard in evaluating the initial burden of persuasion in cases involving mixed motives for adverse employment actions under the NLRA.

Key topics to be discussed:

  • Mixed-Motive Causation Standard under Federal Law
  • Recent Case Law Developments – the 11th Circuit and the NLRB Decisions
  • Practical Application for Employment Counsel

Closed-captioning available

Speakers

Megan-Knowlton-Balne_Hyland-Levin-Shapiro-LLP_myLawCLEMegan Knowlton Balne | Hyland Levin Shapiro LLP

Megan Knowlton Balne, a partner with the law firm Hyland Levin Shapiro LLP, leads the Employment Practice Group. Megan also serves as the Chair of the Legal/Legislative Committee for the Human Resource Association of Southern New Jersey. Megan was recognized by the New Jersey Law Journal as a New Leader of the Bar and also received the New Jersey State Bar Association’s Professional Achievement Award. Most recently, Megan received the NJBIZ 2020 “Forty Under 40” Award and was the recipient of the Katherine D. Hartman Woman in the Profession Award from the Burlington County Bar Association.

Agenda

I. Mixed-Motive Causation Standard under Federal Law | 11:00am – 11:30am

II. Recent Case Law Developments – the 11th Circuit and the NLRB Decisions | 11:30am – 12:00pm

Break | 12:00pm – 12:10pm

III. Practical Application for Employment Counsel | 12:10pm – 12:40pm