Serious Health Condition For a discussion of the term health condition” see Instruction and Comment “serious 10.2.1. Animus of Employee Who Was Not the Ultimate Decisionmaker For a discussion of the treatment in 131 S. Ct. 1186 Staub v. Proctor Hosp., (2011), of the animus of an employee who was not the ultimate decisionmaker, see Comment 5.1.7. concerned a statute that used the term factor,” and it is unclear whether Staub “motivating the ruling in would extend to mixed-motive claims under statutes (such as the FMLA) that Staub do not contain the same explicit statutory reference to discrimination as a factor.” “motivating
Serious Health Condition For a discussion of the term “serious health condition” see Instruction and Comment 10.2.1. Animus of Employee Who Was Not the Ultimate Decisionmaker For a discussion of the treatment in Staub v. Proctor Hosp., 131 S. Ct. 1186 (2011), of the animus of an employee who was not the ultimate decisionmaker, see Comment 5.1.7. Staub concerned a statute that used the term “motivating factor,” and it is unclear whether the ruling in Staub would extend to mixed-motive claims under statutes (such as the FMLA) that do not contain the same explicit statutory reference to discrimination as a “motivating factor.”
10_Chap_10_2017_March_.docx