Mixed-Motive Mix-Up—Non-Prevailing Party Attorney’s Fees Under Texas Antidiscrimination Law “Up in the Air” After Fifth Circuit’s Peterson v. Bell Helicopter

By Alexander P. Cohen Abstract Although the Texas Commission on Human Rights Act (TCHRA) was modeled after Title VII of the Civil Rights Act of 1964 (Title VII), the Fifth Circuit made an “Erie guess” as to whether a plaintiff who fails to achieve any affirmative...