• The U.S. Supreme Court Clarifies That Retaliation Claims Must Be Proved According To Traditional Principles Of "But For Causation"
  • June 26, 2013
  • Law Firm: Meckler Bulger Tilson Marick Pearson LLP - Chicago Office
  • Today, in University of Texas Southwestern Medical Center v. Nasser, the Supreme Court overturned the Fifth Circuit's holding that a plaintiff in a Title VII retaliation action can prevail so long as the plaintiff can prove that retaliation was "a motivating factor" in an adverse employment decision. Instead, the high court held that retaliation claims must be proved according to traditional principles of "but-for" causation, requiring employees to prove that but for the intent to retaliate, the adverse action against the Plaintiff would not have occurred.