News & Analysis as of September 20, 2024

But For Causation

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Employment Retaliation Claims – Still Alive and Well (and Potentially Dangerous)

Obermayer Rebmann Maxwell & Hippel LLP on 5/29/2015

Federal law and most state laws protect employees who complain about discrimination and harassment from retaliatory adverse employment actions (such as demotion or termination). Because retaliation claims can succeed even...more

California Employment Law Notes - July 2013

Proskauer Rose LLP on 7/12/2013

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

Employment Law -- Jul 03, 2013

Manatt, Phelps & Phillips, LLP on 7/5/2013

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

Employers Prevail In Two U.S. Supreme Court Decisions

Pierce Atwood LLP on 6/27/2013

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

Legal Alert: Supreme Court Sets Heightened Standard For Proving Retaliation Claims

FordHarrison on 6/27/2013

On June 24, 2013, the United States Supreme Court heightened the burden of proof for employees bringing retaliation claims under Title VII by holding that employees have to prove that the employer's desire to retaliate was...more

Supreme Court Issues Important Affirmative Action And Employment Law Decisions

Proskauer - Government Contractor Compliance... on 6/27/2013

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

Supreme Court Issues Two Important Title VII Opinions

Morgan Lewis on 6/26/2013

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

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

Miller Canfield on 6/25/2013

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

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/25/2013

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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