Wednesday, January 23, 2013
Mike Maslanka has a nice post at Work Matters on the importance of the retaliation case the Supreme Court has just accepted certiorari on, Nassar v. University of Texas Southwestern Medical Center. Here's an excerpt:
Why is this case a big deal? The but-for instruction is pro-employer: The judge tells the jury that a retaliatory motive must be the reason for the adverse employment action. By contrast, the mixed-motive instruction is pro-employee: The judge instructs the jury that an improper motive need be only one of multiple reasons for the adverse employment action. ... My prediction? I want to read the merits briefs, but I think 5-4 for mixed-motive. SCOTUS, over the last several years, has been big on protecting employees’ rights to be free of retaliation when they complain.