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

Bloomberg BNA Daily Labor Report

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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