Title VII Retaliation Requires But For Proof, Divided Supreme Court Decides in 5-4 Split

In this article, Littler’s Gregory Keating discusses the U.S. Supreme Court’s ruling in University of Texas Southwestern Medical Center v. Nassar, which held Title VII retaliation claims to a “but for” causation standard, rather than a “motivating factor” test. He notes that the decision marks a “watershed development” in the court's treatment of retaliation claims following recent decisions that have adopted broader and more liberal interpretations of anti-retaliation provisions in federal employment statutes.

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