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.
Monday, June 24, 2013
BREAKING: SCOTUS Requires "But For" Causation in Title VII Retaliation Cases
Labels:
Retaliation,
SCOTUS,
Title VII
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