Employee must prove that illegal retaliation was the "but for" cause of adverse job action under Title VII

Lexology
Proskauer Rose LLP

Harold Brody, Enzo Der Boghossian, Anthony J Oncidi, Kenneth Sulzer and Mark Theodore

USA

July 17 2013

 

University of Tex. S.W. Med. Ctr. v. Nassar, 570 U.S. ___, 2013 WL 3155234 (2013)

The United States Supreme Court ruled that a plaintiff asserting retaliation under Title VII of the Civil Rights Act of 1964 ("Title VII") must prove that illegal retaliation was the "but for" cause of the employer's adverse action. In a five-to-four decision, the Court rejected the lower court's decision applying a less burdensome standard, which required merely that a plaintiff show retaliation was one "motivating factor," among others, resulting in the adverse job action.

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