Law360, New York (May 18, 2012, 8:18 PM ET) -- The D.C. Circuit on Friday clarified that Title VII plaintiffs need not prove that discrimination was the sole cause of the employer's actions but nonetheless upheld a win for the Library of Congress in a case where the jury instructions used the word.
Acknowledging the distinction between needing to prove a “but for” cause as Supreme Court precedent dictates and needing to prove a “sole” cause, the appeals court said it had caused confusion in the lower courts by using the phrase “sole motive” as shorthand...