The Standard of Causation in the Mixed-Motive Title Vii Action: A Social Policy Perspective

36 Pages Posted: 14 Jul 2006

Abstract

In this Article, Professor Brodin explores the causal-relation problem in individual employment discrimination suits alleging disparate treatment brought under title VII of the Civil Rights Act of 1964. The effort in this Article is to define a theory of causation for the individual disparate treatment case that is consistent with the goals of title VII as well as with the realities and limitations of our adversary system of adjudication. Professor Brodin surveys the problem, traces the development of relevant case law and concludes with a proposal of causal analysis that separates issues of liability from those of remedy.

Keywords: individual employment discrimination, Title VII, Civil Rights Act of 1964, theory of causation, civil rights litigation, causal-relation problem

Suggested Citation

Brodin, Mark S., The Standard of Causation in the Mixed-Motive Title Vii Action: A Social Policy Perspective. Columbia Law Review, Vol. 82, pp. 292-326, 1982, Boston College Law School Research Paper No. 1982-02, Available at SSRN: https://ssrn.com/abstract=916347

Mark S. Brodin (Contact Author)

Boston College - Law School ( email )

885 Centre Street
Newton, MA 02459-1163
United States

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