Employers' Victory: A Stricter Standard For Retaliation

Law360, New York (June 28, 2013, 5:35 PM EDT) -- In a win for employers, the Supreme Court of the United States held in University of Texas Southwestern Medical Center v. Nassar, 570 U.S. ___ (2013), that a plaintiff must prove a Title VII retaliation claim by using the “but-for” causation standard rather than the lower threshold “motivating factor” standard. Under the standard of causation adopted in Nassar, a claimant must prove “that the unlawful retaliation would not have occurred in the absence of the alleged wrongful action or actions of the employer.”

The decision resolves...
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