9th Circuit says it's not enough for bias to be 'motivating factor'

The Americans with Disabilities Act (ADA) prohibits covered employers from discriminating against qualified employees on the basis of a disability. In 2005, the 9th Circuit issued a ruling in Head v. Glacier Northwest, Inc., in which it said that to prove a violation of the ADA, an employee needs to show only that disability discrimination motivated the employer's adverse decision even if other reasons played a role (the "motivating factor" analysis). The employee does not have to show that the adverse employment action wouldn't have occurred but for the disability (the "but-for" standard). The motivating-factor standard applies to discrimination claims under Title VII of the Civil Rights Act of 1964.

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