Lawyers can get their attorney fees for successfully representing a plaintiff in employment discrimination cases sometimes even if a federal jury or judge determines an employer had a "mixed motive" for the discrimination. But according to a recent appellate decision won on behalf of Lori Carr’s employer-client, attorneys may not get their fees for winning a "mixed motive" retaliation claim.
The background to the 5th U.S. Circuit Court of Appeals’ April 15 decision in Anthony Carter v. Luminant Power Services Co. is as follows.
