‘Mixed-motive’ retaliation case: Who pays attorneys’ fees?
In some rare cases, employers can win a case in which they disciplined or terminated an employee for illegal reasons. Usually, the employer has to pay the employee’s legal costs. But it’s been an open question whether that’s true in “mixed-motive” retaliation cases. Now the 5th Circuit has clarified that the employer isn’t on the hook for employee attorneys’ fees.
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