Monday, June 24, 2013

BREAKING: SCOTUS Requires "But For" Causation in Title VII Retaliation Cases

Wow, huge employment law day at the Supreme Court! We have another opinion, this time in UTSMC v. Nassar (opinion here). Per a 5-4 majority:
Title VII retaliation claims must be proved according to traditional principles of but-for causation, not the lessened causation test stated in §2000e–2(m).
The "lessened causation test" referenced is also called the "motivating factor" or "mixed-motive" test. So, the majority endorsed the tougher standard in retaliation claims under Title VII. Again, I'll have more analysis once I've had an opportunity to read and digest the opinions.