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Makky v. Chertoff, No. 07-3271 (3d Cir. Aug. 7, 2008); Zolotarev v. City and County of San Francisco, No. 06-16665 (9th Cir. Aug. 7, 2008)
August 07, 2008

After last month's decision in White v. Baxter Healthcare Corp., No. 07-1626 (6th Cir. July 3, 2008), where the Sixth Circuit broke with the other circuits over the proper analysis of a so-called "mixed-motive" case under 42 U.S.C. § 2000e-2(m), here comes the Third Circuit wading (ankle-deep, at least) into the same issue. And the Ninth Circuit joins the other circuits in holding that an employment discrimination claim accrues upon discovery of the adverse action, rather than when the employee discovers the discriminatory motive.

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