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.
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