Pretext or Mixed Motive? Practical Guidance After Robinson v. Marshfield
Seyfarth Synopsis: The Massachusetts Supreme Judicial Court (SJC) recently upheld a $1.4 million jury verdict in Robinson v. Marshfield in favor of a fire chief who alleged retaliation after complaining that his niece, a probationary firefighter, was being discriminated against on the basis of her gender. On appeal, the town challenged the lower court’s blending of pretext and mixed-motive instructions to the jury, when only a pretext instruction was warranted.…

