While the majority in Congress supported the burden-shifting rule in "Price Waterhouse", it was uncomfortable with an employer's ability to prove that it would have made the same decision in any event, as a complete defense in a case in which it had been shown that race or gender or another unlawful factor played a significant role in its decision. Congress amended the Act to provide that the employer's proof that it would have made the same decision in any case was a defense to back pay, reinstatement and other remedies but not to liability "per se". The practical effect of this change was to allow a party that proved that the employer discriminated but could not show that it made any practical difference in the outcome could still recover attorney's fees after showing that the employer discriminated, even if no other remedy was awarded.