News & Analysis as of

But For Causation Adverse Employment Action

Epstein Becker & Green

Eleventh Circuit Ruling on Causation Standard a Win for Employers

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The U.S. Court of Appeals for the Eleventh Circuit recently weighed in on the circuit-splitting debate over the proper causation standard for Family and Medical Leave Act (“FMLA”) retaliation claims. In a win for employers,...more

Seyfarth Shaw LLP

Eleventh Circuit Holds FMLA Retaliation Requires “But-for” Showing

Seyfarth Shaw LLP on

Seyfarth Synopsis: The United States Court of Appeals for the Eleventh Circuit affirmed a district court’s decision that “but-for” is the proper causation standard for FMLA retaliation claims addressed within the...more

Parker Poe Adams & Bernstein LLP

OSHA Raises the Standard Impacting COVID-19 Whistleblower Claims

Under Section 11(c) of the Occupational Safety and Health Act, employers are prohibited from taking adverse action against an employee because the employee has engaged in protected activity under the statute, such as filing a...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

FordHarrison

Supreme Court Clarifies Standard Federal Workers Must Meet in Age Discrimination Lawsuits

FordHarrison on

On April 6, 2020, the U.S. Supreme Court held that federal-sector plaintiffs in age discrimination cases brought under the Age Discrimination in Employment Act (ADEA) need not show that negative consideration of age is a...more

Bradley Arant Boult Cummings LLP

“OK, Boomer” – What Amounts to Actionable Age Discrimination?

What does an age discrimination plaintiff have to prove to succeed? Federal employees may have an easier path for proving an age discrimination claim, if we are reading the tea leaves correctly on the Supreme Court’s oral...more

Stoel Rives - World of Employment

Ninth Circuit Requires Proof of “But For” Causation for Claims Under Americans with Disabilities Act

On August 20, the Ninth Circuit Court of Appeals in a case entitled Murray v. Mayo Clinic, joined four other Circuit Courts of Appeal in holding that a “but for” causation standard applies in ADA discrimination claims. This...more

Butler Snow LLP

6th Circuit Credits Documentation in Age Discrimination Case

Butler Snow LLP on

As this recent case demonstrates, consistent documentation can be your saving grace in defending a wrongful termination lawsuit, while inconsistent enforcement of rules can be your downfall. Facts - Ramona DeBra worked...more

Sheppard Mullin Richter & Hampton LLP

Sex + Discrimination = Liability, Says First Circuit

In Franchina v. City of Providence, 2018 WL 550511, 2018 U.S. App. LEXIS 1919 (1st Cir., Jan. 25, 2018), the First Circuit offered no sympathy to the City in its appeal of a jury award that found the City’s fire department...more

Fisher Phillips

Third Circuit Confirms “But-For” Standard for Retaliation Claims Under the False Claims Act

Fisher Phillips on

Last month, the Third Circuit Court of Appeals held that an employee’s protected activity must be the “but for” cause of an adverse action to support a claim for retaliation under the False Claims Act (“FCA”). The Court...more

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

Second Circuit Lowers Bar for Causation in FMLA Retaliation Claims

The U.S. Court of Appeals for the Second Circuit recently ruled that to advance a viable claim for retaliation under the Family and Medical Leave Act (FMLA), an employee need only demonstrate that exercising his or her rights...more

Seyfarth Shaw LLP

Still Cookin’ In California Court: Bakery Employer Survives EEOC Motion For Summary Judgment

Seyfarth Shaw LLP on

In what has become an oft-used recipe in the EEOC cookbook of Title VII retaliation litigation, the government has once again utilized the strategy of taking an employer’s deposition and thereafter moving for summary...more

Hinshaw & Culbertson LLP

EEOC’s Updated Retaliation Enforcement Guidance Seeks to Expand the Reach of its Anti-Retaliation Laws

Effectively responding to employee discrimination complaints by current employees without running afoul of federal and state anti-retaliation laws presents a slippery slope for all employers. In fact, retaliation complaints...more

Seyfarth Shaw LLP

Causation In Federal Remedial Rights And Alternative Pleading

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Several recent Supreme Court decisions have upended causation standards in the statutory alphabet soup of federal remedial rights. It is now clear that “but for” causation governs discrimination claims under the Age...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

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

Nassar’s “But For” Requirement Breaks the Chain for Retaliation Plaintiffs Relying on Temporal Proximity to Establish Causation

In a decision in favor of the University of Pennsylvania entered on August 7, 2013, the Third Circuit Court of Appeals reviewed the “but for” standard for liability under University of Texas Southwestern Medical Center v....more

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

Proskauer Rose LLP

California Employment Law Notes - July 2013

Proskauer Rose LLP on

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

Akerman LLP - HR Defense

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

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

Fisher Phillips

Supreme Court Limits Mixed-Motive Standard

Fisher Phillips on

On June 24, 2013, in a 5-4 decision, the U.S. Supreme Court clarified that an employee alleging unlawful retaliation in violation of Title VII of the Civil Rights Act of 1964 must prove that a retaliatory motive was the...more

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