Berger Kahn attorneys Erin Mindoro and Heather Whitmore offered expert analysis on Law 360 of a recent decision by the Supreme Court —  Harris v. City of Santa Monica, which addresses a very seldom discussed aspect of potential problems that stem from attempts to apply Harris in other contexts.

Says Ms. Mindoro and Ms. Whitmore, “In wrongful termination cases, employers can raise the “mixed-motive” or “same decision” defense if the evidence could support a finding that there was another legitimate and independent reason for the challenged decision or termination.”