• The United States Supreme Court Narrows the Scope of Liability for Retaliation Claims Under Title VII
  • July 29, 2013
  • Law Firm: Hancock Estabrook LLP - Syracuse Office
  • On June 24, 2013, in a 5-4 decision authored by Justice Anthony Kennedy, the Supreme Court held that a plaintiff alleging unlawful retaliation for protected opposition to suspected discrimination under Title VII must prove that retaliation was the “but-for” cause of the adverse employment action. University of Texas Southwestern Medical Center v. Nassar, 133 S.Ct. 2517 (2013). In so holding, the Court reversed a U.S. Court of Appeals for the Fifth Circuit decision that a Title VII retaliation plaintiff could prevail if he/she showed retaliation was merely a “motivating factor,” among others, for an employer taking adverse action.