Abstract
The Board and the courts have long sparred over the proper standard for proof of discriminatory intent in mixed-motive discharge cases. The author explores the various standards espoused—the partialmotive test, the dominant motive test, and the butfor test—as well as problems of allocation of proof The Board's burden-shifting Wright Line test, draw ing on the Supreme Court's first amendment Mt. Healthy decision, the author argues, is the appropriate standard. Finally, the author discusses the reactions of the circuit courts of appeals to the Board's position in Wright Line.
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