Title VII Retaliation Nassar

Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII... more +
Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII has been subsequently extended to discrimination on the basis of pregnancy and sexual stereotypes and to prohibit sexual harassment. Title VII applies to all employers with fifteen or more employees including private employers, state and local governments, and educational institutions.  less -
News & Analysis as of

The Fourth Circuit Asks What For, Answers with But For: The Determination that a Landmark United States Supreme Court Decision...

In 2013, the Supreme Court of the United States held that plaintiffs claiming retaliation under Title VII must prove that “but for” the retaliation they would not have been discharged. University of Texas Southwestern Medical...more

Fourth Circuit Adopts Lower Burden for Plaintiffs to Survive Summary Judgment on Retaliation Claims

In its 2013 Nassar decision, the U.S. Supreme Court determined that plaintiffs who allege workplace retaliation under Title VII and related statutes must demonstrate that the retaliatory animus is a “but for” cause of the...more

Hear No Evil; See No Evil: The General Corporate Knowledge Presumption

In a previous post, we discussed the importance of Kwan v. The Andalex Group LLC, – F.3d – (2d Cir. 2013) as it related to the likelihood of obtaining summary judgment on Title VII retaliation claims in the aftermath of the...more

Supreme Court Update: University of Texas Southwestern Medical Center v. Nassar

The United States Supreme Court recently raised the bar for plaintiffs attempting to bring Title VII retaliation claims. In University of Texas Southwestern Medical Center v. Nassar, 133 S.Ct. 2517 (2013), the Court...more

Supreme Court Delivers Victory To Employers, But Dissent Calls Upon Congress To Act

The Supreme Court recently delivered a victory for employers by holding that plaintiffs who sue their employers for alleged retaliation under Title VII must prove their claims according to the “but for” causation standard...more

Supreme Court rulings favor employers in retaliation, discrimination cases

Recently, the U.S. Supreme Court issued two decisions that will make it more difficult for employees to pursue various employment claims under Title VII of the Civil Rights Act of 1964....more

U.S. Supreme Court Issues Two Favorable Rulings for Employers

Employers received two big wins in the U.S. Supreme Court last week. In two rulings, decided on June 24, 2013, both of which were 5-4 decisions, the U.S. Supreme Court adopted standards that will assist employers defending...more

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

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

Employees Asserting Retaliation Must Meet Higher Causation Standard, Supreme Court Rules

The explosion of retaliation claims may skid to a halt or at least slow down after the Supreme Court's decision this week holding that plaintiffs making Title VII retaliation claims must establish that their protected...more

In Nassar, Supreme Court Confirms Title VII Retaliation Claims Subject to But-For Causation Standard

In a big win for employers, the Supreme Court ruled by a 5-4 majority that retaliation claims under Title VII are subject to the higher standard of proof for age discrimination claims, rather than the lower standard...more

How U.S. Supreme Court Ruling On Title VII Retaliation Standard Case May Affect Claims Under Whistleblower & Other...

“But-for” or “mixed motive” is a causation question not unknown to the U.S. Supreme Court. In Price Waterhouse v. Hopkins, 490 U.S. 228 (1989), a plurality held that the anti-discrimination provision of Title VII only...more

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