10.3 Civil Rights-Title VII-Disparate Treatment-"Motivating Factor"-Elements and Burden of Proof is a legal standard used to determine if discrimination has occurred in the workplace. Specifically, this standard is used to determine if a person has been discriminated against based on a “protected class,” such as race, color, religion, sex, national origin, age, and disability. This standard requires the plaintiff to prove that a protected characteristic was a “motivating factor” in the employer’s decision to take an adverse action against the employee. The burden of proof is on the plaintiff to show that the employer had a discriminatory intent when making the decision. If the plaintiff can demonstrate that the protected characteristic was a motivating factor in the decision, the employer may be liable for discrimination. If the plaintiff does not meet the burden of proof, the employer cannot be found liable. The types of 10.3 Civil Rights-Title VII-Disparate Treatment-"Motivating Factor"-Elements and Burden of Proof include a “motivating factor” standard, a “mixed motive” standard, and an “alternative liability” standard.