不一定回得去。

In some cases, there is evidence that discrimination was one of multiple motivating factors for an employment action. In these "mixed motive" cases, the agency does not have to offer complainant the position sought if it can demonstrate by clear and convincing evidence that it would have taken the same action even absent the discrimination. See Montante v. Dep't. of Transportation, EEOC Appeal No. 0120110240 (Nov. 9, 2011), request for reconsideration denied, EEOC Request No. 0520120259 (June 8, 2012). If the agency is able to make this demonstration, the complainant is not entitled to personal relief such as reinstatement, hiring, or promotion. The complainant may still be entitled to declaratory relief, injunctive relief, and/or attorneys' fees and costs. Id.

所有跟帖： 

• 檸檬律師， 謝謝分享。 我之前也大致閱讀了您提及的這個案子。 祝好！ -蘇梅- ♂ (0 bytes) () 05/12/2024 postreply 11:40:34