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Retaliation Substantial Motivating Factor Test

Seyfarth Shaw LLP

“But For” or “Motivating Factor” Under the FMLA? The Fifth Circuit May Soon Clarify and Join the Circuit Split

Seyfarth Shaw LLP on

Seyfarth Synopsis: The US Supreme Court has never directly decided and the federal courts of appeal have not reached a unanimous decision on whether the “but for” or “motivating factor” standard applies to retaliation claims...more

Sherman & Howard L.L.C.

Supreme Court Applies “But-For” Standard To Title VII Retaliation Claims

Also on June 24, 2013, the Supreme Court addressed the standard courts should apply to determine whether an employer violates Title VII's anti-retaliation provision. Because of a statutory amendment in 1991, courts apply a...more

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