U.S. Supreme Court to Review Key Employment Decision
The US Supreme Court has taken up another key employment decision in University of Texas Southwestern Medical Center v. Nassar. The Court will be determining whether a plaintiff alleging retaliation under Title VII requires a showing of “but-for” causation or merely mixed motive. The Court has previously held that a Title VII plaintiff need only establish that discrimination itself was a motivating factor in an adverse employment action, but has also held that “but for” causation is required in an age discrimination case under the ADEA. The Nassar case could ultimately provide the liability standard for all federal employment claims where the statute, like Title VII, does not explicitly authorize mixed motive claims.
The attorneys at Helsell Fetterman keep a close eye on these developments in order to provide the best informed advice.