Price Waterhouse v. Hopkins
United States Supreme Court
490 U.S. 228 (1989)
Ann Hopkins (plaintiff), the only woman among 88 partnership candidates at Price Waterhouse (defendant), was placed on hold for partnership after partners' evaluation comments criticized her for being too masculine, using profanity as a woman, and needing to act more femininely; the district court found gender was a motivating factor in the decision but held Price Waterhouse to the higher clear-and-convincing-evidence standard to show it would have reached the same result regardless, a burden it found the firm failed to meet.
Whether an employer who makes an employment decision with mixed motives may avoid liability under Title VII by proving, by a preponderance of the evidence, that the same decision would have been made absent the discriminatory motive.