Fields v. New York State Office of Mental Retardation & Developmental Disabilities

JON 0. NEWMAN, Chief Judge:

This appeal presents several issues concerning the framing of jury instructions in eases governed by the Civil Rights Act of 1991. Specifically, the issues are (i) whether a plaintiff in a Title VII ease may prevail by proving that discrimination was a motivating factor, without proving that the defendant’s proffered reason was a pretext, (ii) whether the distinction between so-called “pretext” eases and “dual motivation” eases has survived the 1991 amendments to Title VII, and (in) if so, under what circumstances is a plaintiff entitled to have the jury instructed…