News & Analysis as of

Harassment Title VII But For Causation

Fenwick & West LLP

Fenwick Employment Brief - July 2013: Employee Claiming Retaliation Must Meet Higher Standard of Proof

Fenwick & West LLP on

In another favorable ruling for employers, the Supreme Court in University of Texas Southwestern Medical Center v. Nassar clarified that employees must satisfy a higher “but for” standard of proof to prevail in a Title VII...more

Franczek P.C.

A Review Of The Supreme Court’s 2012-2013 Term

Franczek P.C. on

As the United States Supreme Court’s 2012-2013 term drew to a close at the end of June, commentators observed a continuing gradual but perceptible shift to the right by the Court. The Roberts Court is generally viewed as...more

Proskauer Rose LLP

California Employment Law Notes - July 2013

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Employee Must Prove That Illegal Retaliation Was The "But For" Cause Of Adverse Job Action Under Title VII - University of Tex. S.W. Med. Ctr. v. Nassar, 570 U.S. ___, 2013 WL 3155234 (2013) - The United States...more

Hinshaw & Culbertson LLP

Retaliation Under Title VII Must Be Proven Under Traditional “But For” Causation Doctrine

Where a person seeks compensation for injury resulting from wrongful conduct, there must be a demonstrated connection between the wrong alleged and the injury — i.e., causation. The default rule, developed in connection with...more

BakerHostetler

Employees Must Prove Retaliation Was “But-For” Cause of Employment Action

BakerHostetler on

Employers are well aware that poorly performing employees may lodge baseless retaliation claims as a smokescreen to interfere with legitimate discipline....more

Pillsbury Winthrop Shaw Pittman LLP

Impact of Supreme Court Pro-Employer Title VII Decisions Blunted by State Laws

On June 24th, the Supreme Court issued two important decisions that narrow the circumstances under which employers can be held liable for retaliation or harassment claims under Title VII of the Civil Rights Act of 1964. In...more

Manatt, Phelps & Phillips, LLP

Employment Law -- Jul 03, 2013

Excerpt from Supreme Court Sides With Employers in Title VII Suits - Capping off a term of big decisions with employer-friendly results, the U.S. Supreme Court weighed in on two major employment issues in a pair of...more

Proskauer - California Employment Law

Employers Win Big In Two New U.S. Supreme Court Cases

The Supreme Court ruled that a plaintiff asserting retaliation under Title VII of the Civil Rights Act of 1964 (“Title VII”) must prove that the retaliation was the “but for” cause of the employer’s adverse action....more

Miller & Martin PLLC

A Summary of the U.S. Supreme Court Decisions This Week Which Will Affect Employers

Miller & Martin PLLC on

Windsor v. United States - Issue: Can the federal government define marriage? Holding: No. Loser: The federal Defense of Marriage Act (DOMA), which was passed in 1996 and signed by President Clinton, was...more

Pierce Atwood LLP

Employers Prevail In Two U.S. Supreme Court Decisions

Pierce Atwood LLP on

The U.S. Supreme Court issued two closely watched decisions Monday affecting Title VII cases....more

Proskauer - Government Contractor Compliance...

Supreme Court Issues Important Affirmative Action And Employment Law Decisions

This week the Supreme Court issued three decisions that may significantly impact federal contractors and other employers: In Fisher v. University of Texas, No. 11-345 (U.S. June 24, 2013), the Supreme Court held that a...more

Morgan Lewis

Supreme Court Issues Two Important Title VII Opinions

Morgan Lewis on

Divided Court holds that a "supervisor" must be empowered to take tangible employment actions for vicarious liability under Title VII to apply and that Title VII retaliation claims are subject to a higher "but-for" causation...more

McNees Wallace & Nurick LLC

Supreme Court Issues Two Title VII Decisions Favorable For Employers

At our recent Labor and Employment Law Seminar, we highlighted a number of outstanding legal cases that have the potential to have a significant impact on employer liability. ...more

Eversheds Sutherland (US) LLP

Legal Alert: Supreme Court Provides Two Decisive Victories for Employers in Title VII Cases

On June 24, 2013, a divided U.S. Supreme Court issued much-anticipated decisions in two Title VII cases in which the Court provided some needed certainty and relief to employers on the front lines of employment litigation. In...more

Jackson Walker

Supreme Court Decides Important Employment Issues: Who is a "Supervisor" for Assessing Workplace Harassment Claims and What Test...

Jackson Walker on

INTRODUCTION. The U.S. Supreme Court has issued two significant employment decisions: Vance v. Ball State University (addressing the issue of who is properly called a "supervisor" when assessing workplace harassment claims);...more

Miller Canfield

"But for" causation must be used in Title VII retaliation cases, U.S. Supreme Court says

Miller Canfield on

Title VII retaliation claims must be proven according to traditional “but for” causation principles, and not the less strict “motivating factor” standard applicable to other claims under the Statute, the U.S. Supreme Court...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

U.S. Supreme Court Issues Two Key Title VII Rulings

On June 24, 2013, the Supreme Court of the United States issued two highly-anticipated decisions. In Vance v. Ball State University, the justices considered whether the “supervisor” liability rule established by Supreme Court...more

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