Tuesday, January 22, 2013

SCOTUS grants cert in retaliation mixed motives case

SCOTUSOn Friday, the Supreme Court granted cert in University of Texas Southwestern Medical Center v. Nassar to address mixed motives in retaliation cases. Here is the question cert was granted for:

Whether the retaliation provision of Title VII of the Civil Rights Act of 1964, 42 U.S.C. ยง 2000e-2(a), and similarly worded statutes require a plaintiff to prove but-for causation (i.e., that an employer would not have taken an adverse employment action but for an improper motive), or instead require only proof that the employer had a mixed motive (i.e., that an improper motive was one of multiple reasons for the employment action).

The SCOTUSblog file with links to documents is here



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