Smith v. Xerox Corp.: The Fifth Circuit Maintains Mixed-Motive Applicability in Title VII Retaliation Claims

The United States Court of Appeals for the Fifth Circuit held that the mixed-motive framework applies to Title VII retaliation cases and a plaintiff can present circumstantial or direct evidence to obtain a mixed-motive jury instruction. Smith v. Xerox Corp., 602 F.3d 320, 329, 331-32 (5th Cir. 2010).