Attorney fees not Available in Mixed Motive Retaliation Claims Under Title VII, Seventh Circuit Rules
1 min read
May 6, 2013
Under Title VII, in “mixed motive” discrimination cases (i.e., discrimination motivated in part, but not entirely, by an impermissible factor), an employer may limit Plaintiff’s recovery where it can show that it would have made the “same decision,” regardless of the impermissible motive. But the employer may still be compelled to reimburse the plaintiff’s costs and attorney fees.
In Carter v. Luminant Power Services Company, the 7th Circuit Court of Appeal determined that such cost-shifting did not apply where retaliation was a motivating factor, only to cases where “race, color, religion, sex, or national origin” was the motivating factor.
The ruling is good for employers, but it is unlikely to have any substantial effect on how employment cases are litigated. Retaliation is still subject to penalties under Title VII, as well as other state and federal laws, and the “mixed motive” theory, a compromise position, is not usually the primary theory espoused by either side.
Please contact the author to further discuss the issues addressed in this article.
Topics
Featured Insights

In The News
Aug 24, 2026
David Schultz Reviews a Humorous—But Important—FDCPA Procedural Ruling

Press Release
Aug 20, 2026
115 Hinshaw Lawyers Recognized in 2027 Editions of The Best Lawyers in America® and Ones to Watch®

Press Release
Aug 20, 2026
Hinshaw’s Landmark Tower Client Project Receives 2026 Top Projects Award

Press Release
Aug 19, 2026
Fernando Rivera-Maissonet Elected as HNBA Region II Governor and Board of Governors Member

Employment Law Observer
Aug 17, 2026
Massachusetts’ First Paid Family Medical Leave Act Verdict Yields $4.75 Million Award

Press Release
Aug 13, 2026
Lauren Campisi Recognized as a 2026 BTI Client Service All-Star by BTI Consulting Group

Consumer Crossroads: Where Financial Services and Litigation Intersect
Aug 13, 2026
How Will Banks Be Impacted by the Proposed Regulation O Amendments?

Press Release
Aug 12, 2026
William Cook Honored With the Distinguished Service Award by the Chicago Bar Association

Webinar
Aug 12, 2026
John Ryan Presents on "Understanding what is Covered Under the TCPA Today"

In The News
Aug 12, 2026
Scott Seaman Analyzes California’s New Pleading Standards for Excess Insurance Policy Claims


