Question
Once a complainant proves that discrimination was a motivating factor for an adverse employment action, the burden of proof shifts to the employer that it
Once a complainant proves that discrimination was a motivating factor for an adverse employment action, the burden of proof shifts to the employer that it would have taken the same action but for the discrimination.If the employer can make this showing, the Civil Rights Act of 1991 makes clear that it will not be required to pay compensatory or punitive damages, or be required to reinstate, instate, promote or be responsible for backpay.
Syed alleges he was fired from his Sales Clerk position because of his national origin (Iranian).Co-workers testified that some customers complained to the Store Manager that the store should not employ Iranians.Two co-workers further testified that the Manager told them that having an Iranian Store Clerk was "bad for business" and that Syed would be fired the following month.The employer introduced evidence that, while the customers' complaints contributed in the decision to fire Syed, the real reason for his termination was that it was discovered, shortly before termination, that Syed lied about his experience on his employment application.How does this case resolve, and why?What damages, if any, is Syed entitled to receive, assuming he prevails?Explain fully.
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