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Recent U.S. Supreme Court Decision Affects the Standard for Retaliation Claims


In University of Texas Southwestern Medical Center v. Nassar, the U.S. Supreme Court has recently held that Title VII retaliation claims must be proven in accordance with a but-for causation standard. This but-for standard is different from the standard for status-based discrimination claims which requires an employee to only demonstrate that discrimination was a motive (as opposed to the motive). This but-for standard is a more stringent standard, which may be of benefit to employers in defending against retaliation claims.