Author Question: What remedy options exist in a mixed motive case where the jury determines that the employer ... (Read 51 times)

stock · **on:** Jun 24, 2018

What remedy options exist in a mixed motive case where the jury determines that the employer demonstrated that it would have taken the same employment action of termination in the absence of the impermissible motivating factor?

Question 2

Michael signs a lease for an apartment. The lease establishes a periodic tenancy for one year, starting September 1 and ending the following August 31 . Rent is 800 per month. As August 31 approaches, Michael decides he would like to stay another year. He phones the landlord to tell him this, but the landlord is on holiday and Michael leaves a message. Michael sends in the September rent, but on September 15, the landlord tells him the rent is going up to 900 per month. He gives Michael the choice of paying the higher rent or leaving. Michael refuses to leave and continues to send checks for 800 . The landlord sues. Landlord will
a. Win possession of the apartment because the lease expired.
b. Win possession of the apartment because Michael did not renew it in writing.
c. Win possession of the apartment because he has the right to evict Michael at any time, for any reason.
d. Win 1,200 (12 months times 100).
e. Lose.

sierrahalpin · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

As set forth in the text, the remedy options are limited to awarding attorney's fees, costs, and declaratory relief. No back pay, compensatory or punitive damages would be allowed, nor would a reinstatement, hiring, or promotion remedy be legal under Section 107 of the Civil Rights Act of 1991.

Answer to Question 2

.E