FRCP, Title VII
As the discriminatory motive might ultimately either be a determining or a motivating factor, trial court erred in dismissal of the claim for lack of apparent causation in the pleading.
http://www2.ca3.uscourts.gov/opinarch/143792p.pdf
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.