left-caret

Client Alert

U.S. Supreme Court Adopts Elevated Causation Standard for Title VII Retaliation Claims

June 26, 2013

BY NEAL MOLLEN & KATIE DELSANDRO

This week, a divided Supreme Court held in Univ. of Texas Southwestern Med. Ctr. v. Nassar that a plaintiff advancing a retaliation claim under Title VII of the Civil Rights Act of 1964 must establish that his or her protected activity was a “but-for” cause of the employer’s alleged adverse action, and not merely that the retaliatory motive was one “motivating factor” in the decision. The opinion reverses a Fifth Circuit ruling that held that the less demanding “motivating factor” test applies to retaliation claims under Title VII 42 U.S.C. §2000e-3(a) just as it does to status-based discrimination claims under §2000e-2(a). In the wake of this holding, employers may act with somewhat greater confidence when taking carefully considered adverse employment actions in situations that seem likely to spawn future retaliation claims.

Click here for a PDF of the full text

Practice Areas

Employment Law


Get In Touch With Us

Contact Us