News & Analysis as of

UT Southwestern Medical v Nassar Title VII

Proskauer - Law and the Workplace

Eleventh Circuit Deepens Circuit Split Over Causation Standard for FMLA Retaliation Claims

On December 13, 2023, an Eleventh Circuit panel firmly established “but-for” causation as the Circuit’s causation standard for Family and Medical Leave Act (FMLA) retaliation claims. Courts across the nation have adopted...more

Parker Poe Adams & Bernstein LLP

U.S. Supreme Court Says Section 1981 Claims Require ‘But For' Causation

Section 1981 of the Civil Rights Act of 1866 prohibits discrimination on the basis of race in the making of contracts, including employment contracts. Section 1981 is often used by employees suing for race discrimination as...more

Baker Donelson

Supreme Court Sets Stage for Game-Changing 2019 Term for Employers

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Between gerrymandering and the 'citizenship' question, the Supreme Court concluded its 2018 term with a bang. The Court is primed for further fireworks in its 2019 term. For employers, this includes whether Title VII...more

Mintz - Employment Viewpoints

Third Circuit Rules that Employer-Friendly “But For” Causation Standard Applies to False Claims Act Retaliation Claims

In the case of DiFiore v. CSL Behring, LLC, the Third Circuit ruled for the first time that the more demanding “but for” causation standard applies to retaliation claims under the False Claims Act (“FCA”), rejecting the lower...more

Proskauer - Whistleblower Defense

EEOC Proposes Expansive Enforcement Guidance for Retaliation Claims

For the first time in nearly 20 years, the Equal Employment Opportunity Commission has issued proposed enforcement guidance regarding retaliation claims. According to the EEOC, the revised guidance is necessary in light of...more

BakerHostetler

Can Employers in the Fifth Circuit Be Liable for Retaliation Under Title VII When the Decision Maker Had No Retaliatory Motive?

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In Zamora v. City of Houston, 14-20125 (Aug. 19, 2015), the Fifth Circuit joined the Sixth, Eighth, and Tenth Circuits in holding that the “cat’s paw” theory of causation can also be utilized in Title VII retaliation cases,...more

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

Retaliation in the Fourth Circuit: Recent Decision Creates New Challenges for Employers

In May 2015, the Fourth Circuit Court of Appeals (which has jurisdiction over federal courts in Maryland, West Virginia, Virginia, North Carolina, and South Carolina) issued an opinion with negative consequences for employers...more

Pullman & Comley - Labor, Employment and...

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

Baker Donelson

What 2013 Gifts will Employers be Enjoying well into 2014?

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The holidays have come and gone. I hope everyone enjoyed them, and I hope everyone received the gifts and presents they asked for. I come from a big family—three siblings, 14 aunts and uncles, and nearly twenty cousins....more

Pullman & Comley - Labor, Employment and...

The Meaning of “But-For” Harassment: The Second Circuit Breaks Its Silence and it is not Good for Employers

In 2013, the U.S. Supreme Court held that Title VII retaliation claims must be proven according to traditional principles of “but-for” causation. Since Univ. of Tex. Sw. Med. Ctr. v. Nassar, 133 S. Ct. 2517 (2013), ...more

Baker Donelson

Are Title VII Retaliation Claims Dead Post-Nassar?

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This June, the U.S. Supreme Court announced the causation standard for Title VII retaliations claims in the landmark case of University of Texas Southwestern Medical Center v. Nassar, 133 S. Ct. 2517, 2533 (2013), saying: ...more

Fisher Phillips

Labor Letter, September 2013: Employers Go "Two For Two" – Three Times Over: A Review Of The 2012-13 Supreme Court Term

Fisher Phillips on

Looking back at the recently-completed 2012-2013 Supreme Court term, employers should have reason to feel good about how things turned out. In fact, of the six major decisions that impact employers and can be categorized in...more

Fisher Phillips

Labor Letter, September 2013: Supreme Court Tightens Standard In Retaliation Cases

Fisher Phillips on

As the U.S. Supreme Court ended its most recent term with a number of cases that will have broad societal implications, one employment law case decided by the Court seems to have taken somewhat of a back seat, despite the...more

Dechert LLP

International Employment Law Review: August 2013 - Issue 4: Recent Employment Law Developments in the United States

Dechert LLP on

U.S. Supreme Court Decisions - Court Limits Definition of “Supervisor” Under Federal Anti-Discrimination Law - In Vance v. Ball State University (June 24, 2013), in a 5-4 decision, a majority of the Supreme...more

Foley Hoag LLP

Supreme Court Makes it Harder for Employees to Bring Suits Under Title VII

Foley Hoag LLP on

The Potential Implications for Educational Institutions - Last month, at the close of its October 2012 term, the Supreme Court issued two important rulings in Title VII employment discrimination cases that make it...more

Wilson Sonsini Goodrich & Rosati

U.S. Supreme Court Issues Three Decisions Favorable to Employers

By the end of this year’s term, the United States Supreme Court had issued three “employer-friendly” decisions. While the decisions do not dramatically alter the employment law landscape, employers will still welcome the...more

Nexsen Pruet, PLLC

Two Supreme Court Rulings Improve Employer's Ability to Defend Against Harassment, Retaliation Claims

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On June 24, 2013, the U.S. Supreme Court handed down two critical decisions regarding Title VII of the Civil Rights Act, which improve an employer’s ability to defend against employee claims of harassment and retaliation. ...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - July 2013

In This Issue: - U.S. Supreme Court Issues Two Important Decisions Under Title VII - Supreme Court Holds Lone Plaintiff’s FLSA Collective Action Is Moot When Claims Are Resolved Before Certification -...more

Bradley Arant Boult Cummings LLP

Raising the Bar on Employer Liability for Harassment and Retaliation

On June 24, the Supreme Court issued two new opinions in favor of employers, both five-to-four decisions that narrowly construe the scope of Title VII’s retaliation and employer liability rules and significantly raise the bar...more

Fenwick & West LLP

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

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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

Cole Schotz

United States Supreme Court Issues Two Employer-Friendly Decisions With Far-Reaching Impact in Employee Harassment Cases

Cole Schotz on

On June 24, 2013, the United States Supreme Court issued two employer-friendly opinions that substantially narrow potential liability for claims of supervisor misconduct and retaliation under Title VII of the Civil Rights Act...more

King & Spalding

Supreme Court Victory for Employers Facing Title VII Retaliation Claims

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On June 24, 2013, the Supreme Court held in University of Texas Southwestern Medical Center v. Nassar, that the burden of proof for plaintiffs arguing retaliation in violation of Title VII is “but-for” causation, rather than...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

Stoel Rives LLP

Part 2 of 2: Supreme Court Rules That "Supervisors" Under Title VII Must Have Power to Take Tangible Employment Actions

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On Monday, we blogged about the first of two recent U.S. Supreme Court decisions interpreting Title VII of the Civil Rights Act of 1964 (“Title VII”), University of Texas Southwestern Medical Center v. Nassar. Today, we’ll...more

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